Sr
v
SELECT SPEECHES
DANIEL O'CONNELL, M.P
i
EDITED, WITH HISTORICAL NOTICES. ETC,
BY HIS SON,
JOHN O'CONNELL, ESQ. '
ill Ctou Volume*.
VOL. I.
DUBLIN:
JAMES DUJFFY, WELLINGTON QUAY,
AHD
254 PATEBNOSTEE ROW, LONDON.
1871.
P BEF ACE
It being the intention of Mr. JAMES DUFFY, the Publisher
of this Volume, to bring out, at no very distant period, a
" LIFE OF DANIEL O'CoNNKLL,"* written in full detail
and with every advantage of access to family documents,
correspondences, &c., &c«, it is not thought necessary to
preface or accompany the present Selection, frem his
Speeches with any biographical sketch or detailed narrative.
This Publication will therefore comprise nothing beyond
the Selection just mentioned, and a brief statement of such
facts and dates as may appear indispensable.
Bj Mrs. Fttz*nwn, uia fildwt daughter.
CON
Memoir » . . '*M»
Catholic Committee, January, 1808 . ' ,?
Aggregate Meeting, September, 1810 . 15
- Petition for Catholic Emancipation . 9£
The French Party, December, 1810
Catholic Rights, February, 1811 V?« <
Unanimity, February, 181 i
Address to the Prince of Wales, March, 1811 40
The Duke of Richmond
Petition to the Prince Regent, April, 1811 '
Watty Cox— Libel . . . ?°
Vote of Thanks to Earl Grey and Lord Grenvffle
Mr. Verner Moore ^ ..? ,
The Regent's Pledges
Catholic Emancipation, 2nd July, 1812
The No-Popery Cry .
The Citizens of Dublin v. Police Magistrates 105
Aggregate Meeting, 5th November, 1812
John Philpot Curraa . \
Taaffe a. Chief Justice of Queen's Bench
Vote of Censure . 124
. Catholic Ascendancy
Hugh Fitzpatrick— Libel
The English Catholics
Catholic Relief Bill .
Reply to Mr. Bellew
Emancipation— the Regert's Pledge
Kight Rev. Dr. Milner * 18°
Doctor Milner
V! C01CTENTS.
FAC*
The Princess of Wales . * • • 208
Repeal of the Union • •£ • • • • 214
The King v, John Magee .«.. f.f i « 223
Henry Grattan . » 233
Iriah Manufacture . . « •
Address to Henry Grattan . . • .236
The Synod of Ulster . . . .'
Trial of John Magee . . . • 24°
Cork Catholic Meeting, August SO, 1813 . . 304
Meeting of the Cork Catholic Board, Sept. 3,1813 . • 319
Lieutenant O'Connell
The Kilkenny Resolution— Trial of John Magee . .
The Veto Question . • •
Reply to Mr. Richard Lalor Shiel
Mr. Finlay's Address . \»
Catholic Board, December 24, 1813
The King at the Prosecution of the Duke of Richmond 0. Magee 378
Presentation Cup to Mr. (yOonneli .
Illegal Societies . . • , ' . 302
Address to the People . . • '•&• ••
Catholic Board, January 8 • • •
Catholic " Securities" •
Baron Fletcher's Charge to the Grand Jury of the County
Wexford . • » • .431
Meeting at Lord FingaTs • •
The Catholic Association * • *5S
SELECT SPEECHES
DANIEL O'CONNELL, ESQ., M.P.
Driven from the latter place and from the Continent by the atrocities of the IVench
rOOCh °f ™' Mn °'ConneU <*enfc th« »«t two or three
*' Barj tOWhkh ^ ™ -°^ called in the sadly
lde sta^h"*»trong reasons for avoid-
, In his Profes«lon. ™to" willing to be the
parasite and slave of the Government ; and it was not even safe, in Ireland at least for
Protestant or Catholic, but especially for the latter, to be found h opposilZ
For th,*e and other reasons the leading members of Mr. O'ConnelTs family and circle of
2S ^^,7^ indispo^d to his putting himself forward in any public struggle!
and he was himself of course fully aware of the disadvantages and dangers he must bwff
Lnr,t^ Z Z*?* COUld D0t ta 8llCnt When he MW the ^Si'lative iifdcpendence of h"
country about to be annihilated, and when it had become dear that the minister ^ugb!
to imphcate the Catholics of Ireland in his crime. Overtures had already been maTe te
£L»?i t080me°/theirn0mlnal ^^ and ™«» -Id that they had not beruni
rourably received ; timidity, credulity, or corruption jointly or separa4lv operating top*
^^asCIrish h T "I1"*864 b6 a d°Ubt tbat the great bulk of th< SS£
at as Irishmen should on this occasion, and abhorred the idea of the Union ; but
were entirely unaccustomed to acting in concert, or coming forward in their aggre,
Mite character. • Some one was wanted to .show them the war. Their "natural leader?
• °r Were tod!liea to ac(l«iescence in the proposed measure
th g°°d repute and ^^pendence of the Catholic body
when just at the critical moment Daniel O'ConneU
tM8 conecaon-his first public speech of any
rMv W° hav° mcntioned' T116 meetiQg a* wW<* tt
ered-a meeting got up mainly by hia etorts-took place ou the 13th of Jauuar/
SELECT SPEECHES OF
in the year 1800, in the hall of the Royal Exchange, Dublin. Ere It had well assembled »
panic began to spread, at the rumour that the authorities at the Castle had come to thr
determination of suppressing the meeting, in the exercise of the arbitrary power they sti'
Sednot "to have [recourse to, although the alleged necessity for it had long ceased
with the utter extinction, more than a year before, of the last embern of rebelliop < Pre
.entlyin confirmation of this rumour, the measured tramp of soldiery became audible
and the redcoats appeared under the main portico of the Exchange, facing to Parliamen*
See? Ae nol ofTeir abroach and the «dden halt, with the clashing of the musket*
« thev were grounded on the flag-stones ontside. Increased the fast-spreading panic, and
onioned a sensible diminution along the outskirts of the assemblage. However, owin«
to the exertions and exhortations of Mr. O'Connelland afew other gentlemen, the main bo<*
stood firm • atf h-- then advanced to meet and parley with the officer in command of the com
btaed inilitaiy and civil array. This was the noted Major Sirr, whose name occurs so fre-
oueutly in the dark records of the internal government of Ireland at that unhappy time. He
Squired the objects, Ac,, of the assemblage: and evidently disappointed at the peaq,
p3 order, and readiness to submit to the bur. with which he was encountered, rehu*mtly
buffered the meeting to proceed.
The following was Mr. O'Comwll's speech on the interesting occasion •—
Counsellor O'Connell rose, and in a short speech prefaced
the resolutions. He said that the question of Union was con-
fessedly one of the first importance and magnitude. Sunk, in-
deed, in more than criminal apathy, must that Irishman be, who
could feel indifference on the subject. It was a measure, to the
consideration of which we were called by every illumination of
the understanding, and every feeling of the heart. There was,
therefore, no necessity to apologize for the introducing the dis-
cussion of the question amongst Irishmen. But before he brought
forward any resolution, he craved permission to make a few obser-
vations on the causes which produced the necessity of meeting as
Catholics: as a separate and distinct body. In doing so, he thought
he would clearly show that they were justifiable in at length de-
viating from a resolution which they had heretofore formed.
The enlightened mind of the Catholics had taught them the
impolicy, the illiberality, and the injustice of separating them-
selves on any occasion from the rest of the people of Ireland.
The Catholics had therefore resolved, and they had wisely re-
solved, never more to appear before the public as a distinct and
separate body; but they did not — they could not then foresee the
•jnfommately existing circumstances of this moment. They could
not then foresee that they would be reduced to the necessity either
of submitting to the disgraceful imputation of approving of a
measure as detestable to them, as it was ruinous to their country;
or once again, and he trusted for the last time, of coming for-
ward as a distinct body.
There was no man present but was acquainted with the in-
dustry with which it was circulated, that the. Catholics were
DAtflEL O CONNT5LL, ESQ., M.P.
favourable to the Union. In vain did multitudes of that body
in different capacities, express their disapprobation of the mea
sure ; in vain did they concur with others of their fellow-subjec t*
in expressing their abhorrence of it — as freemen or freeholdei-s
— electors of counties or inhabitants of cities — still the calumny
was repeated ; it was printed in journal after journal ; it wan
published in pamphlet after pamphlet ; it was circulated with
activity in private companies ; it was boldly and loudly pro-
claimed in public assemblies. How this clamour was raised, and
how it was supported, was manifest — the motives of it were ap-
parent.
In vain had the Catholics (individually) endeavoured to resist
the torrent. Their future efforts, as individuals, would be equally
vain and fruitless ; they must then oppose it collectively.
There was another reason w'iy they should come forward as a
distinct class — a reason which lie confessed had made the greatest
impression upon his feelings. Not content with falsely asserting,
that the Catholics favoured the extinction of Ireland, this their
supposed inclination was attributed to the foulest motives —
motives which were most repugnant to their judgments and
most abhorrent to their hearts. It was said that the Catholics
were ready to sell their country for a price, ot, what was still
more depraved, to abandon it on account of the unfortunate ani-
mosities which the wretched temper of the times had produced.
Can they remain silent under so horrible a calumny ! This
calumny was flung on the whole body — it was incumbent on the
whole body to come forward %and contradict it; yes, they will
jhow every friend of Ireland, that the Catholics are incapable 01
selling their country ; they will loudly declare, that if their
3mancipation were offered for their consent to the measure
— even were emancipation after the union a benefit — they
would reject it with prompt indignation. (This sentiment met
K-ith approbation.) " Let us," said he, " show to Ireland tha
we have nothing in view but her good ; nothing in our hearts
but the desire of mutual forgiveness, mutual toleration, and mu-
tual affection ; in fine, let every man who feels with me proclaim
that if the alternative were offered him of union, or the re-enact
ment of the penal code in all its pristine horrors, that he would
prefer without hesitation the latter, as the lesser and more suf-
ferable evil; that he would rather confide in the justice of hi»
brethren, the Protestants of Ireland, who have already liberated
him, than lay his country at the feet of foreigners.'* (This sen-
timent was met wi1^ much and marked approbation.) With
10 SELECT SPEECHES Op
regard to the union, so much had been said — so much had been
Britten on the subject, that it was impossible any man should
Hot before now have formed an opinion of it. He would not
irespass on their attention in repeating arguments which they
tu'i already heard, and topics which they had already considered :
but if there was any man present who could be so far mentally
degraded, ac: to consent to the extinction of the liberty, the con-
stitution, and eveu +he name of Ireland, he would call on him
not to leave the direction and management of his commerce and
property to strangers, o>tar whom he could have no control.
He then concluded by moving the resolutions, which bcin<:
seconded, paa&ad unauiinG.Jily, and the meeting broke up.
The i blowing were ttw ruBOlutioas passed at the meeting. They were drawu up by Mr
G'ComieL himself :—
"Koyal Exchange, Dublin, January 13, 1800.
" At a numerous ar'jt respectable meeting of the Roman Catholics of
the City of Dublin, <.jnvened pursuant to public notice, Ambrose Moore,
Esq., in the chair- -
" Resolveil — * That we are of opinion that the proposed incorporate
Union cf th* legislature of Great Britain and Ireland is, in fact, an
extinction of the liberty of this country, which would be reduced to the
object condition of a province, surrendered to the mercy of the minister
nod legislature of another country, to be bound by their absolute will
id M -jd at their pleasure by laws, in the making of which this couutrj
wonl^i have no efficient participation whatsoever/
• Resolved — * That we are of opinion that the improvement of Ire-
,tnd for the last twenty years, so rapid beyond example, is to be ascribed
wholly to the independency of our legislature, so gloriously asserted in
tlie year 1782, by virtue of our parliament co-operating with the gene-
rous recommendation of our most gracious and benevolent sovereign,
and backed by the spirit of our people, and so solemnly ratified by both
kingdoms as the only true and permanent foundation of Irish prosperity
and British connection.'
" Resolved—' That we are of opinion, that if that independency should
ever be surrendered, we must as rapidly relapse into our former" depres-
sion aud misery ; and that Ireland must inevitably lose, with her liberty,
nil that she has acquired in wealth, and industry, aud civilization.'
" Resolved — ' That we are firmly convinced, that the supposed advan-
tages of such a surrender are unreal and delusive, and can never ariac
in fact ; and that even if they should arise, they would be only tile
bounty of the master to the slave, held by his courtesy, and resumabie
ac his pleasure.'
" Resolved — ' That — having heretofore determined not to come for-
ward any more in the distinct character of Catholics, but to consider
our claims and our cause not as those of a sect, but as involved in the
general fate of our country — we now think it right, notwithstanding
MI cit determination, to publish the present resolutions, in order to uadts
DANIEL O'CONNELL, ESQ., 11. P. 11
ceive our fellow-subjects who may have been led to believe, by a fa to
representation, that we are capable of giving any concurrence whatso-
ever to so foul and fatal a project ; to assure them we are incapable of
Kxcrificins: our common country to either pique or pretension ; and that
we are of opinion, that this deadly attack upon the nation is the great
call of nature, of country, and posterity upon Irishmen of all description?
and persuasions, to every constitutional and legal resistance : and that
we sacredly pledge ourselves to persevere in obedience to that call as
long as we have life.'
" Signed, by urder,
" JAMES RYAN, Sec."
THE CATHOLIC COMMITTEE.
~fln next speech that we shall give, was the firs': to bs found reported of hispnbMc addreww*
in reference to Catholic affair* specially. In January, 1808. the " Catholic Committee," as
the AGITATORS of the day styled themselves, assembled to debate the advisability of af
immediate Petition to Parliament for the total abrogation of the Penal Laws. The nep»
tive was strongly urged by some of their number, supported, as was rumoured, r-y the opi
nlon of the celebrated John Keogh, the Catholic leader of that day, who was however
prevented by illness from attending in person.
Ills objection was said to be founded on the idea that it was beneath the dignity of the
Catholic body to petition so repeatedly ; and that it would be more advisable for them to
remain quiet, watching in " defied s«l«nce" the course of events and the conduct of t!n;ir
parliamentary friends.
The other opiwneuts 01 petitioninfc l»ad less specious objections to offer, and in answer
chielly to them the following speech was delivered: —
Mr. O'Connell said he had not intended to address the meet-
ing. His anxiety for the Catholic cause alone brought him for-
ward. He entertained no apprehension about Catholic Eman
cipation, but such as might arise from the conduct cf the Catho-
lics themselves. He could not avoid asking whether the public
time was to be wasted by childish and puerile objections —
objections that could only manifest a spirit of division, a feeling
of party, and a miserable ambition of leadership. With every
faculty of his mind awake to the deplorable consequences of
division, ho should not cease to exert all the energy of his soul
to stimulate their minds to unanimity. When an adjournment
was proposed, he expected to hear it supported by some kind o.
argument : had any existed, it would certainly have be-jn put
forward by the eloquent gentlemen who had already spoken ;
that they had not condescended to reason was to him decisive
proof that"i.o pfoutiiblo reason existed. No man was more ready
to abando' hits opinion to argument, but he could not agree tc
12 BKT/ECT SPFFOHEe OP
a measure fraught with mischievous consequences, merely because
one gentleman made a motion, and another was pleased to second
it. He would entreat of gentlemen to take a cautious view of
ihe precipice which opened to them, shou d they suffer theii
pood sense to lx* led away by any motives, to the adoption of
the sentiments excited industriously ; but for no good purpose
excited by those who would divide the Catholic body. Commoc
sense alone ought to be a sufficient protection against the insi-
dious attempt. He begged to remind gentlemen of what had
taken place at the last meeting. The gienerous feelings of Catho-
lics had gained precedence of their interests, and they had given
up the presenting of their petition, in the last iession of Parlia
ment, to t heir gratitude towards their political advocates. There
was another reason for that sacrifice : a stupid and atrocious
spirit of bigotry had been fomented m iLngland, even by minis-
terial authority ; and the Catholics had generously withdrawn
from the struggle, that they might deprive British intolerance
of oven the shadow of an excuse. He recollected with pleasure
the splendid exertions of the ancient advocate of the Catholic
cause (John Keogh,) upon that occasion. He it was that had
urged the topics just alluded to, with irresistible force ; and had
not an illness, now deeply to be deplored, prevented his attend-
ance this day, division in the Catholic body could not be feared
His powers of reasoning would have frightened away the caption?
objections taken to the resolution, and the Catholics of Irelano
would have again to thank their old and useful servant for the
preservation of their honour, and the support of their interests.
Mr. O'Connell called the attention of the meeting to the resolu-
tion which had unanimously passed at the last meeting ; and by
which the care of the Catholic petition was entrusted to the
noble earl in the chair. It was committed to his sole manage-
ment. Neither jealousy could suggest, nor folly express an
objection to the resolution which had so committed it. It was
Unnecessary for him, and indeed he had not the powers to put
In their proper point of view, the qualities that called for and
justified that confidence ; and the presence of the noble lord
restrained the effusions of public gratitude for his services, but
the impression was the more deeply felt for being cherished omy
in the silence of the heart. — [Mr. O'Connell was here interrupted
by loud and repeated acclamations:] — Well, to Lord Fingall you
Committed the sole management of your petition ; he accepted
the office ; he was authorised to act for himself ; and it is
attempted to be insinuated to this mooting that he has not acted
DANIEL O'CONNELL, ESQ., M.P. IS
consistently ; because, when he might have acted upon his own
suggestions alone, he anxiously and industriously sought for the
advice and assistance of every individual who had heretofore
taken part in the Catholic question. This, under the resolution
of the last meeting, was an unnecessary condescension ; but
assuredly it was the more amiable and the less liable to objec-
tion. Yet what was the ground the supporters of an adjourn-
ment went upon ? It amounted to this : that Lord Fingall had
done, with advice and deliberation, that which he might have
done instantly and alone. Was the calling of the present meet-
ing less the act of Lord Fingall, because the opinions and judg-
ments of so many whom he had consulted concurred with him
in its propriety ? To such absurdity were his opponents driven,
that they must support the affirmative of the proposition. But
it was said that there had been no notice given of the present
meeting. It was strange to hear this objection ur<_red by gentle-
men whose presence seemed to admit that the notice was suffi-
cient. However, what was the fact ? Had not tluit meeting
been announced in all the Dublin papers more than ten days
previously 1 It could not be denied that it had been so announced j
Still a pretext was left, and they hut I been gravely told that it
was true the announcement of the meeting hail bet-n published,
but that it was published in form of a paragraph, and not of n
advertisement. Here then it stood admitted that it was not for
substance, but mere matter of form, that the Catholb body was
to be divided. One would imagine that division was a p;ood
thing, when so flimsy a pretext was resorted to, to produr-3 it
He trusted that the gentlemen themselves would abandon (hen-
opposition, when they saw the question put in this, its pi )per
light. The Catholics of every part of Ireland had been 'in-
sulted : their sentiments as to the propriety of petitioning had
been required by letter. Numerous answers had been received
from the most respectable persons in all the counties, who all
Concurred in this one opinion, that the petition should be for-
warded without the smallest delay. In some parts the Catho-
lics had already gone further — meetings had been held in the
hies of Cork and Waterford, and resolutions to that effect
entered into ; nay, the petition had not only the good wishes of
our liberal and enlightened Protestant brethren of Ireland, but
some of them had expressed their sentiments by a public resolu-
tion; he alluded to that of the nobility and gentry of the county
of Tipperary. Their conduct, patriotic as it was amiable, useful
i£ svell as benevolent, wub the theme of gentu-*4 admiration, lio
14 *HLFfn' SPEECHES OF
regretted that ho could not KT oak of it iii terms according wit I:
the gratitude of his heart. It reminded him, however, of that
affectionate attention and care for the rights of Irishmen, warmed,
though not created, by the benevolent recommendation of our
beloved sovereign, which has induced the Irish Protestants of the
present generation to break the fetters of the Catholic, and totally
to emancipate the Presbyterian — a wise and magnanimous poiicy,
which would have long since restored the Catholic to complete
freedom, haxl their cause and their country been left in the han«Js
of Irish Protestants (loud and repeated applause.) Under those
circumstances, nothing but disunion among themselves could
ever retard the Catholic cause. Division, while it rendered them
the object of disgust to their friends, would make them the scorn
and ridicule of their enemies. He was ready to admit that the
present administration were personal enemies of the Catholic
cause ; yet, if the Catholics continue loyal, firm, and undivided,
they had little to fear from the barren petulance of the ex-advo-
cate, Perceval, or the frothy declamations of the poetaster, Can-
. ung — they might meet with equal contempt the upstart pride
of the Jenkinsons, and with more than contempt the pompous
inanity of that Lord Castlereagh, who might well be permitted
to hate the country that gave him birth, to her own annihilation.
He was also free to confess that he knew of no statute passed
since tho Union, which had for its object to increase the trade,
or advance the liberties of Ireland ; but he thought it impossible,
if the Catholics persevered, with undivided efforts, in thoir loyal
and dutiful pursuit of Emancipation, that any administration
could be found sufficiently daring in guilt to stand between
them and fhe throne of their father and sovereign ; and most
calumniously and falsely use his name to raise obstacles in the
way of good subjects seeking to become free citizens. He did
therefore, conjure the gentlemen to give up their opposition; he
respected their talents, and however convinced of their mistake,
could not doubt the purity of their motives. They must see
that their arguments against the resolution were confined to tho
ridiculous opposition, in fact, against the noble lord, for his
having condescended to ask advice before he acted : and to the
equally frivolous difficulty objected to the form of t^e notice for
calling the meeting. Was it possible that rational beings should
govern their conduct by such arguments in the serious pursuit
of freedom? They were sons, and might dearly love the parents
who gave them birth— let them recollect that it was for their
rights that the petition was framed : they were brothers, and
DANIEL O'CONNELL, ESQ., M.P. 15
should, if they felt tne endearing impulses of fraternal affectioi*
sacrifice party, and of course mere forms and ceremonies, in «
struggle for obtaining the rights of their brethren : they were
parents, and all the sweet charities of life, combined in favour of
the children who looked up to them for protection. It was thf
liberties of those children the present petition sought — would
they postpone for an hour that sacred blessing t Could they,
from any motive, thwart the progress of those who sought it ? He
knew that was impossible, and he hoped, therefore, there would
be no division.
The result of the debate was a withdrawal of the amendment, and the unanim^ui carry-
ing of the resolution to petition.
AGGREGATE MEETING.
«or long afterwards, Mr. O'Connell hail again an opportunity, most congenial and accept-
able to his feelings, of coming forward upon a national question, and suspending for the
time all mention of the claims and wishes cf a particular class or body, however numerous
or important in themselves. A movement was suddenly and most unexpectedly made In
the rery bosom of the exclusive and deeply-dyed Orange Corporation of Dublin itself. In
March of the year 1818, against the Act of Legislative Union between Great Britain and
Ireland; and although the patriotic attempt— headed, we are glad to record, by the name
of one of a family known then and ever since as among the best and most considerate
-m plovers of labour in the City of Dublin, the Button family— made no progress In 1808,
two years later a better success attended it
Upon the 18th of September, 1810, the folk wing meeting took place. The subject being
still of such interest, we give, in addition to Mr. O'Connell's speech, some brief prefatory
matter descriptive of the occurrence, including the remarks of some others of the speakers,
" At a meeting of the citizens, freemen, and freeholders of the city
of Dublin, at the Royal Exchange, on Tuesday, 18th September, 1810,
held pursuant to a requisition of several respecfable citizens of Dublin,
to the high sheritfs, to consider of a petition to the king's most excel-
lent majesty, and the imperial parliament, praying them to take into
their consideration the Repeal of the Act of Union — Sir James Kiddall,
Knight, high sheriff of the city of Dublin, in the chair.
" On Sir James Riddall taking the chair, he addressed the most
numerous and respectable auditory that ever assembled in the city o»
Dublin. He recommended to the assembly to maintain the utmost
order and regularity in their proceedings ; assuring them he had the
greatest hopes that if they conducted themselves with propriety, they
would finally succeed in carrying their point ; but by manifesting a con-
trary disposition, they would afford a pretext to their enemies to maliga
their motives.
•' The requisition, signed by a number of citizens, freemen, and free-
holders of the city of Dublin, at the late (Quarter Serious Grand Jury
16 SELECT SPEECHES OF
was read by Mr. Frederick Conway, who was appointed secretary to
the meeting, stating, that on account of the depressed state of Ihu
manufactures in the county and city of Dublin, the citizens of Dublin
pointed out as the only mode of radical relief which occurred to them
was to present a requisition to the high sheriffs of the city of Dublin,
to call a meeting of the citizens, freemen, and freeholders of Dublin, t<
tonsider of presenting a petition to his Majesty, praying a Repeal of
the Act of Union.
" Sir James lliddal then said — In consequence of the requisition, 1
have called you, gentlemen, together this day. I am determined, im-
partially, to hear every one for and against the question ; a patient
hearing will be given to every gentlemen who chooses to deliver his
opinion on either side.
" Mr. Hutton then rose, and spoke as follows : — Mr. Sheriff, I am
called upon to move a resolution, that a committee may be appointed
to prepare and draw up a petition to the king's mostf excellent Majesty,
and to the imperial parliament, to take into consideration the Repeal
of the Union. I stand forth on this occasion an advocate of the Repeal
of the Act of Union, and I claim your candid attention. I am aware
of the inadequacy of my abilities on this occasion, but I appeal to your
candour and goodness, and I appeal to every man that knows me, for
the rectitude of my intentions. It has been asserted privately, that this
assembly has been convened for improper purposes : the purport of this
meeting is, to put down everything like disorder in the state, and pre-
sent a petition to his Majesty, stating that we conceive it would be for
the benefit of our common country, and to preserve our connection with
England, and testify our loyalty to our king, by having the Act of
Union Repealed. This wretched act has prevented our manufactures
from having a fair competition in the market, and were it repealed, it
would be of the utmost advantage to our manufactures, r»nd give a new
impulse to our commerce. The repeal of that measure, he contended,
would tend to the best means to secure the prosperity and happiness of
Ireland. At the time the Act of Union was proposed, it was held out
to the people of this country, that persons possessing great British capi-
tal, would come over from England and establish manufactures in Ire-
land, an 1 particularly in Dublin, our trade would be increased — that
we should have the education of the poor in Ireland properly attended
to. The Roman Catholics were told that they had a right to expect
more benefits from the interference of the Bririth parliament, thin they
could expect to receive from an Irish parliament. Sir, we have now
had the experience of ten years, since the passing of the Act of Union,
and let me ask have the Irish manufactures had a fair competition in
the British markets ? Have the manufactures of Ireland been protected
and encouraged, or have those of Dublin flourished as we were pro-
mised ? Let me ask, have the poor of the land had their education pro-
perly attended to? Every man that i* a well-tvisher to the prosperity
of Ireland, will answer me in the negative. Have the Roman Catho-
lics met with any acknowledgment of the justice of their claims ? If
taey have, iut any man who now hears me, »fc°ud forward and avow it
iVi., M.l>. 17
On the contrary, the Catholics, in their rights, ever since the passin>
nf the Act of Union, have stood, and do stand at present, just where
they began. They have endeavoured to get their claims acknowledged
•uul acquiesced in ; but are they not at this instant precluded from hold-
ing any superior rank in the army ? 1 do not, Sir, speak of adminis-
tration, but I contend that the welfare and prosperity of Ireland depend
ipon the Repeal of the Act of Union. We, therefore, wish the parlia-
ment of Ireland to be restored to the same state it was in at the period
of 1782. A parliament in Ireland is the only means of restoring the
'luiependence, promoting the happiness of our country, securing its
peace and prosperity. Sir, I feel myself inadequate to do ample jus-
tice to the business now before us ; I shall only say, I consider that the
Repeal of the Act of Union would tend to the advantage of my country.
My want of ability to do adequate justice to the great question, and I
expect that this business will be fuhs spoken to by these honourable
gentlemen who will take a part in the debates of this day, with whom
this business originated. I trust, Sir, that this day's proceedings will
show to the world, collectively and individually, our loyalty, zeal, and
Attachment to our good king, and prove that our opinion is universal
and unanimous, concerning the Act of Union. I mention, Sir, that it is
by such a Repeal only, that the peace and tranquillity of Ireland can t?e
preserved. We should be indissolubly linked to Great Britain by such
a Repeal, and by such a one alone ! I move, Sir, that a committee ol
nine persons be appointed to prepare and draw up an address to hia
majesty, and to the imperial parliament, praying a Repeal of the Act
of Union.
" Ambrose Mocre, Esq., seconded the motion.
" The resolution was read accordingly, and agreed to without one
dissenting voice.
** A committee of nine gentlemen was then appointed to draw up and
prepare the said petition. The names were, Mr. Huttou, Mr. Randal
M'Donald, Mr. Ashenhurst, Mr. O'Connell, Mr. Moore, Mr. N. Mahon,
Mr. Abbot, Mr. Harty, Mr. Farrell. The said committee appointed to
prepare and draw up the petition, having prepared the same, they made
their report to the assembly at large.
" The petition to the king was then read and carried unanimously. '
Mr. O'Connell declared that he offered himself to the meeting
with unfeigned diffidence. He was unable to do justice to his
feelings on the great national subject on which they had met.
He felt too much of personal anxiety to allow him to arrange iu
anything like order, the many topics which rushed upon hh
liind. now, that after ten years of silence and torpor, Irishmen
began again to recollect their enslaved country, it wag a melan-
choly period, those ten years— a period in which Ireland saw
her artificers starved — her tradesmen begging — her merchants
becomo bankrupts — her gentry banished — her nobility degraded.
Within that period domestic turbulence broke from day to day
18 SELEC r SPEECHES OF
iato open violence and murder — religious dissensions were aggra-
vated and embittered — credit, and commerce were annihilated —
taxation augmented m amount and in vexation. Besides tho
" hanginsrs-off" of the ordinary assizes, we had been disgraced by
the necessity that existed for holding two special commissions
of death, and had been degraded by one rebellion — and, to crown
all, we were at length insulted by being told of our growing pro-
sperity" This was not the painting of imagination — it. borrowed
nothing from fancy — it was, alas, the plain representation of the
facts that had occurred — the picture, in sober colours, of the real
state of his ill-fated country. There was not a man present but
must be convinced that he dicl not exaggerate a single fact : there
was not a man present but must know that more misery existed
than he had described. Such being the history of the first ten
years of the Union, it would not be difficult to convince any
inprejudiced man, that all those calamities had sprung from that
measure. Ireland was favoured by Providence with a fertile soil,
an excellent situation for commerce, intersected by navigable
rivers, indented at every side with safe and commodious har-
bours, blessed with a fruitful soil, and with a vigorous, hardy,
generous, and brave population ; how did it happen then, that
the noble qualities of the Irish people were perverted ? that tho
order of Providence was disturbed, and its blessings worse than
neglected ? The fatal cause was obvious — it was the Union.
That these deplorable effects would follow from that accursed
measure, was prophesied. Before the Act of Union passed, it had
been already proved that the trade of the country and its credit
must fail as capital was drawn from it ; that turbulence and vio-
lence would increase, when the gentry were removed to residence
in another country ; that the taxes should increase in the same
proportion as the people became unable to pay them. But nei-
ther the argument nor the prophetic fears have ended with oui
present evils. It has also been demonstrated, that as long aa
the Union continues, so long must our misfortunes accumulate.
The nature of that measure, and the experience of facts which
we have now had, leave no doubt of the truth of what has been
asserted respecting the future. But, if there be any still incre-
dulous, he can only be of those who submit their reason to autho-
rity. To such person, the authority of Mr. John Foster, Chan-
cellor of the Exchequer for Ireland, would probably be conclu-
sive ; and Foster has assured us, that final ruin to our country
must be the consequence of the Union. I will not dwell, Mr
Sheriff, on the miseries of my country; I am di«- listed with the
DATCIEL O'CONNELL, ESQ., M.P. IS
wretcnedness the Union has produced? and I do not dare to
trust myself with the contemplation of the accumulation of sor-
r^w that must overwhelm the land, if the Union be not repealed ;
I beg to call the attention of the meeting to another part of the
subject. The Union, Sir, was a violation of our national and
inherent rights — a flagrant injustice. The representatives whom
we had elected for a short period of eight years, had no autho-
rity to dispose of their country for ever. It cannot be pretended
that any direct or express authority to that effect was given to
them ; and the nature of their delegation excludes all idea of
their having any such by implication. They were the servants
of the nation, empowered to consult for its good — not its mas-
ters, to make traffic and dispose of it at their fantasy or for their
profit. I deny that the nation itself had a right to barter its
independence, or to commit political suicide ; but when our ser-
vants destroyed our existence as a nation, they added to the
baseness of assassination all the guilt of high treason. The rea-
soning upon which those opinions are founded is sufficiently
obvious. They require no sanction from the authority of any
Uiime — neither do I pretend to give them any weight, by declar-
ing them to be conscientiously my own ; but if you want autho-
rity, to induce the conviction that the Union had injustice fol
its principle, and a crime for its basis, I appeal to that of his
Majesty's present Attorney-General, Mr. Saurin, who, in his
place in the Irish parliament, pledged his character as a lawyer
and a statesman, that the Union must be a violation of every
moral principle, and that it was a mere question of prudence
whether it should not be resisted by force. I also appeal to the
opinions of the late Lord High Chancellor of Ireland, Mr. George
Vonsonby — of the present Solicitor-General, Mr. Bushe — and of
that splendid lawyer, Mr. Plunket. The Union was, therefore,
a manifest injustice — and it continues to be unjust at this day :
it was a crime, and must be still criminal, unless it shall be
ludicrously pretended that crime, like wine, improves by old age,
and that time mollifies injustice into innocence. You may smile
at the supposition, but in sober sadness you must be convinced
that we daily suffer injustice ; that every succeeding day adds
only another sin to the catalogue of British vice ; and that if
the Union continues, it will only make crime hereditary, and
injustice perpetual. We have been robbed, my countrymen,
most foully robbed of our birthright, of our independence — may it
n rt be permitted to us, mournfully to ask how this consummation
of evil was perfected! for it was not in any disastrous buttle tlmt
20 SELECT SPEECHES O*
our lioerties were struck down — no foreign invader had despoiled
the land ; we have not forfeited our country by any crimes — nei -
ther did we lose it in any domestic insurrection. No, the rebel-
lion was completely put down before the Union was accomplished :
the Irish militia and the Irish yeomanry had put it down. How,
then, have we become enslaved ? Alas ! England, that ought to
have been to us as a sister and a friend — England, whom we had
?oved, and fought, and bled for — England, whom, we have pro-
tected, and whom we do protect — England, at a period when out
of 100,000 of the seamen in her service, 70,000- were Irish —
England stole upon us, like a thief in the night, and robbed us of
the precious gem of our Liberty ; she stole from us ' that which
in nought enriched her, >but made us poor indeed.' Reflect
then, my friends, on the means employed to accomplish this dis-
astrous measure. I do not speak of the meaner instruments of
bribery and corruption — we all know that everything was put
to sale — nothing profane or sacred was omitted in the Union
mart — offices in the revenue, commands in the army and navy,
the sacred ermine of justice, and the holy altars of God were all
profaned and polluted as the rewards of Union services. By a
vote in favour of the Union, ignorance, incapacity, and profligacy,
obtained certain promotion ; and our ill-fated but beloved country
was degraded to her utmost limits, before she was transfixed in
slavery. But I do not intend to detain you in the contempla-
tion of those vulgar means of parliamentary success — they are
within the daily routine of official managvMMi* : neither will I
direct your attention to the frightful recollection ol that avowed
fact which is now part of history, that the rebellion itself was
fomented and encouraged in order to- facilitate the Union. EVCD
the rebellion was an accidental and secondary cause — the real
cause of the Union lay deeper, but is quite obvious. It is to be
found at once in the religious dissensions which the enemies of
Ireland have created, and: continued, and seek to perpetuate
amongst ourselves, by telling us of, and separating u& into
wretched sections and miserable subdivisions ; they separated
the Protestant from the Catholic, and the Presbyterian from
both ; they rsvived every antiquated cause of domestic animo<
sity, and they invented new pretexts of rancour ; but above all,
my countrymen, they belied and calumniated us to each other —
they falsely declared that we hated each other, and they con-
tinued to repeat the assertion, until we came to believe it ; they
succeeded in producing all the madness of party HI id, religious
distinctions ; and whilst we \ver* J«at in the stupor oi« i
DANTEL O'COXNELL, ESQ., M.P. 2\
they planderec us of our country, and left us to recover at our
ieisure from the horrid delusion into which we had been so art-
fully conducted.
Such then were the means by which the Union was effectuated,
It has stripped us of commerce aud wealth ; if Has degraded us,
and deprived us not only of our station as a nation, but even of the
name of our country ; we are governed by foreigners — foreigners
make our laws, for were the one hundred members who nominally
represent Ireland in what is called the iru serial parliament, were
'hey really our representatives, what inti tui:ice could they, al-
though unbought and unanimous, have ov-,r the five hundred
and fifty-eight English aud Scotch members ? But wtyat is the
fact ? Why that out of the one hundred, such as they are, that
sit for this country, more than one-fifth know nothing of us, and
are unknown to us. What, for example, do we know about
Andrew Strahaii, printer to the king ? What can Henry Martin,
barrister -at-law, care for the rights or liberties of Irishmen 1 —
Some of us may, perhaps for our misfortunes, have been com-
pelled to read a verbose pamphlet of James Stevens; but who
knows anything of one Crile, one Huglian, one Cackin, or of a
dozen more whose names I could mention, only because I have
discovered them for the purpose of speaking to you about them ;
what sympathy can we in our sufferings, expect from those men ?
What solicitude for on*' interests ? What are thev to Ireland, or
Ireland to them ? No, Mr. Sheriff, we are not represented — we
have no effectual share in the legislation — the thing is a mere
mockery ; neither is the imperil parliament competent to legis-
late for us — it is too unwieldy a machine to legislate with dis-
cernment for England alone ; but with respect to Ireland, it has
all the additional inconvenience that arise from want of interest
and total ignorance. Sir, when I talk of the utter ignorance, in
Irish affairs, of the members of the imperial parliament, I do not
exaggerate or mistake ; the ministers themselves are in absolute
darkness with respect to this country. I undertake to demon-
strate it. Sir, they have presumed to speak of the growing pro-
sperity of Ireland — I know them to be vile and profligate — I
Tarmot bt suspected of nattering them — yet vile as they are, I
io not believe they could have had the audacity to insert in the
speech, supposed to be spoken by his Majesty, that expression,
had they known that, in fact, Ireland was in abject and increas-
ing poverty. Sir, they were content to take their information.
from a pensioned Frenchman — a being styled Sir Francis D
nfr.o, who, in one C the pamphlets which it is his trade to
22 SELECT SPEECHES OP
iias proved, by excellent samples of vulgar arithmetic, that our
manufactures are flourishing, our commerce extending, and our
felicity consummate. When you detect the ministers themselves
in such cross ignorance, as, upon such authority, to place an in-
sulting falsehood as it were, in the mouth of our revered sove-
reign, what think you can be the fitness of nine minor imps of
legislation to make laws for Ireland. Indeed, the recent plans
of taxation sufficiently evince how incompetent the present
scheme of parliament is to legislate for Ireland. Had we an
Irish parliament, it is impossible to conceive that they would
have adopted taxes at once oppressive and unproductive — ruin-
ous to the country, and useless to the crown. No, Sir, an Irish
parliament, acquainted with the state of the country, and indi-
vidually interested to tax proper objects, would have, even in
this season of distress, no difficulty in raising the necessaiy sup-
plies. The loyalty and good sense of the Irish nation would aid
them ; and we should not, as now, perceive taxation unproduc-
tive of money, but abundantly fertile in discontent. There is
another subject that peculiarly requires the attention of the
legislature ; but it is one which can be managed only by a re-
sident and domestic parliament — it includes everything that re-
lates to those strange and portentous disturbances which, from
time to time, affright and desolate the fairest districts of the island.
It is a delicate and difficult subject, and one that would require
the most minute knowledge of the causes that produce those
disturbances, and would demand all the attention and care 01
men, whose individual safety was connected with the discovery
of a proper remedy. I do not wish to calculate the extent of
evil that may be dreaded from the outrages I allude to, if our
country shall continue in the hands of foreign empirics and pre-
tenders ; but it is clear to a demonstration, that no man can be
attached to his king and country, who does not avow the neces-
sity of submitting the control of this political evil, to the only
competent tribunal — an Irish parliament. The ills of this awfiu
moment are not confined to our domestic comphaints and calami ties.
The great enemy of the liberty of the world, extends his influence
and his power from the Frozen Ocean to the Straits of Gibraltar.
He threatens us with invasion from the thousand ports of his vast
empire ; how is it possible to resist him with an impoverished
divided, and dispirited empire? If, then you are loyal to your ex
cellent monarch — if you are attached to the last relic of political
freedom, can you hesitate to join in endeavouring to procure t^ic
remedy ibr all ^our calamities — the sure protection against all
DANIEL o'cOyNELt. tSQ.. M.P. 23
the threats of your enemy — the Repeal of the Union. Yes, re-
store to Irishmen their country, and you may well defy the in-
\ader's force ; give back Ireland to her hardy and brave popufo-
tion; and you have nothing to dread from foreign power. It is
useless to detain the meeting longer, in detailing the miseries
that the Union has produced, or in pointing out the necessity
that exists for its Repeal. I have never met any man who di«i
not deplore this fatal measure, which has despoiled his country \
nor do I believe that there is a single individual in the island,
•who could be found even to pretend approbation of that, measure.
I would be glad to see the face of the man, or rather of the beast,
who could dare to say he thought the Union wise or good — for
the being who could say so, must be devoid of all the feelings
that distinguish humanity. With the knowledge that .such were
the sentiments of the universal Irish nation, how does it happen
that the Union had lasted for ten years ? The solution of the
question was easy. The Union continued only because we de-
spaired of its Repeal. Upon this despair alone had it. continued
— yet what could be more absurd than such despair? If the
Irish sentiment be but once known — if the voice of six mil-
lions be raised from Cape Clear to the Giants' Causeway — if the
men most remarkable for their loyalty to their king, and attach-
ment to constitutional liberty, will come forward as the lead-
ers of the public voice, the nation would, in an hour, grow
too great for the chains that now shackle you, and the Union
must be repealed without commotion and without difficulty.
Let the most timid amongst us compare the present probability
of Repealing the Union, with the prospect that in the year 1795
existed of that measure being ever brought about. Who, in
1795. thought an Union possible? Pitt dared to attempt it,
and he succeeded ; it only requires the resolution to attempt its
Repeal — in fact, it requires only to entertain the hope of repeal-
ing it, to make it impossible that the Union should continue ;
but that pleasing hope could uever exist, whilst the infernal dis-
tensions on the score of religion were kept up. The Protestant
iilone could not expect to liberate his country — the Roman
Catholic alone could not do it — neither could the Presbyterian —
but amalgamate the three into the Irishman, and the Union is
repealed. Learn discretion from your enemies — they have crushed
your country by fomenting religious discord — serve her by aban-
doning it for ever. .Let each man give up his share of the mis-
chief- -let each man forsake every feeling of rancour. But, I
say not this to barter with you, my <v>nn*rymew — 1 require IK
SELECT SPEECHES OP
equivalent from you — whatever course you shall tnko. iny mino
is fixed — I trample under foot the Catholic claims, if they can
interfere with the Repeal; I abandon all wish for emancipation,
'f it delays that Repeaj. Nay, were Mr. Perceval, to-morrow, tc
offer me the Repeal of the Union, upon the terras of re-enactine
the entire penal code, I declare it from my heart, and in the
presence of my God, that I would most cheerfully embrace his
offer. Let us then, my beloved countrymen, sacrifice our wicked
and groundless animosities on the alttir of our country — let that
spirit which heretofore emanating from Dungannon spread ali
over the island, and gave light and liberty to the land, he again
cherished amongst us — let us rally round the standard of (Hd
Ireland, and we shall easily procure that greatest of political
blessings, an Irish King, an Irish House of Lords, and an Irish
House of Commons. — (Long-continued applause.)
After Mr. O'Connell had concluded his speech, Sir James Riddall
observed, that calumny or misrepresentation might be exercised upor
Mr. O'Connell's expression of an Irish king, and lie, therefore, was
happy to give Mr. O'Connell an opportunity of doing justice to our
most gracious sovereign. Mr. O'Connell ardently availed himself of
the occasion to pay a very grateful tribute to the virtues and patriotism
of his majesty, and observed, that if ever a monarch existed, abounding
in every great and good qualification, calculated to make his people
happy, that monarch wiw George the Third.
" Sir James Riddall then put the question separately, that the address
and petition should stand the address and petitkm of the meeting, which
was carried unanimously.
" Mr. Hutton then proposed that a committee of twenty-one be chosen
as a standing committee to co-operate with the other meetings through-
out the kingdom, which was unanimously agreed to, and a committee
was appointed accordingly.
"Nicholas Mahon rose, and spoke to the following effect :— Mr,
Sheriff, the respect I feel for the opinions of several gentlemen present,
whose liberality I respect, and by whose exertions this meeting (which
I trust will produce the happiest result) has been called, has induced
me to undertake the task of subscribing to your two resolutions, which
1 hold in my iiand, expressive of approbation of the conduct of his Grace
the Duke of Richmond, since his appointment to the government of
this country. I beg leave in making this motion, to be distinctly under-
ptood as not approving of the measures of the administration to which
his Grace is attached, which I consider as most hostile to the welfare of
those countries ; but no one can deny his Grace the possession of many
amiable social virtues, and that he wields the sword of power in mercy
and clemency. Without further nreface, I move you, Sir, that those
resolutions Le now rend."
DANIEL CONXELL, ESQ. M.P. 25
PETITION FOR CATHOLIC EMANCIPATION.
Ii; the same year, 1810. Mr. O'Connell drew up the Petitioji of that year, to the House of
Commons, for Catholic Emancipation. It ran as follows : —
" To the Honourable the Commons of the United Kingdom of
Great JSriiain and Ireland, in Parliament assembled :
" We, whose names are hereunto subscribed, on behalf of our-
selves and of others, his Majesty's subjects, professing the Roman
Catholic religion in Ireland, humbly beg leave to represent to
this Honourable House —
"That we, your petitioners, did, in the years 1805 and 1808,
humbly petition this honourable house, praying the total aboli-
tion of the penal laws, which aggrieve the Catholics of Ireland.
" We now feel ourselves obliged, in justice to ourselves, our
families, and our country, once more to solicit the attention of
this honourable house to the subject of our said petition.
" We state, that the Roman Catholics constitute the most
numerous and increasing portion of the inhabitants of Ireland,
comprising an immense majority of the manufacturing, trading,
and agricultural interests, and amounting to at least four-fifths
of the Irish population ; that they contribute largely to the
exigencies of their country, civil and military ; that they pay the
far greater part of the public and local taxes ; that they supply
the armies and navies of this empire with upwards of one-third
part in number of the soldiers and sailors employed in the public
S' rvice ; and that, notwithstanding heavy discouragements, they
4 rm the principal constituent part of the strength, wealth, and
industry of Ireland.
" Yet such is the grievous operation of the penal laws of whicii
we complain, that the Roman Catholics are thereby not only set
apart from their fellow-subjects, as aliens in this their native kind,
but are ignominiously and rigorously proscribed from almost all
situations of public trust, honour, or emolument, including every
public function and department, from the houses of legislature,
ibwn to the most petty corporations.
" We state, that whenever the labour of public duty is to
be exacted and enforced, the Catholic is sought out and selected ,
'"here honours or rewards are to be dispensed, he is neglected
olid contemned.
•' Where the military and naval strength of the empire is te,
be recruited, thj Ctithclics are eagerly solicited, nay compelled.
9M
SELECT SPEECHES
and legztimate prize of successful valour) are
to
and accomplishing our effectual relief?
"We do beg leave, however, most solemnly, to press upon th
attentionof this honourable house, the imminent public
fiied °Pinion' that to re^™ to the
the h f ,' T81' and unqu»»fi«d participation
of the benefits of the laws and constitution of England, and to
withdraw all the pnvat.ons, restrictions, and vexatious distinc-
tions which oppress, injure, and afflict 'them in their country is
now become a measure not merely expedient, but absolutely
necessary-uot only a debt of right due to a comn^ning pTople
but perhaps the last remaining resource of this' ,mpire, in the
preservation of which we take so deep an interest
therefore pray this honourable house to take into their
Srtft±S consideratlo« «* ^ture, extent, and operation of
the aforesaid penal laws, and by repealing the same altogether
to restore to the Roman Catholics If Irefand Se Ss so
long withheld, and their due share in that Constitution, which
they m common with their fellow-subjects of every other de-
, to sostat
" And jour petitioners will ever pray.
DANIEL O'CONNELL, ESQ., M.P. 27
CATHOLIC RIGHTS.
TB» next tpeech of any length (that we find reported) of Mr O'ConnellX was delivered Lj
the "Catholic Committee," on the 2nd of February, 1811, upon the question of again peti-
tioning the Legislature for Catholic rights.
The immediate occasion, however, of his rising upon that day, was a squabble that had
a-Nen amongst some of the leading members, during which more than one insinuation had
been thrown out against himself, of wanting to usurp the position of "leader."
In answer to this, and to allay the paltry bickerings that were growing. more and i
frequent in the meetings of the Committee, and turn the general attention to the real
business in hand, he is reported to have made the following address, which as usual we
copy verbatim from the newspapers of the time :—
Mr O'Connell began by expressing an anxious hope that the
discussion of this day would be conducted with good temper,
and terminate in harmony. His object was to stifle every s<
mcnt amongst the Catholic body, that wotfd militate against
that cordial spirit of co-operation, which had hitherto animated
the members of the committee. Hitherto, at their meetings,
a difference of opinion did sometimes, as it was quite natural,
prevail : but there was no intention of division— and, from tn«
heartfelt, unanimity, he had with delight beheld ihe *»™™*
sertainty of speedy and complete emancipation,
cause was now too great and irresistible to be destroyed, even
bv the misconduct of its own advocates. It had, .indeed, bnen
almost crushed in its infancy, by distrust and dissension,
sension had impeded it in every step of its progress, and was st
the dra^-cham that encumbered and retarded its movements.
Bv division, the Catholics would be not only weakened, but
degraded : if they quarrelled amongst themselves, they woi
disgust their friends and delight their enemies.
Could anything be imagined more agreeable to the Well
and the Percevals, than to find the Catholics of Ireland involved
in a wrangle amongst themselves— than to see them engaged in
attacking and vilifying one another, when every faculty of their
minds ought to be directed to concert one combined effort
fill the Irish people to put down their enemies, and to procure,
m a constitutional course, their Emancipation. He did there
fore coniure the gentlemen who had brought forward the pre-
sent question to revert to that subject, for which the committee
had been originally framed, namely, the petition ; and to suffer
that to proceed, without embarking in discussions that could
not be productive of advantage. He expected from those gentle-
Tien, that they would, when they contemplated the trmmpn to
,nar enemies and the mischief to the Catholics, which must ensue
28 SELECT SPEECHES* OP
froia dissension, abandon that species of crimination and attack,
which had been that day, for the first time, introduced into the
committee. The charges that were made, even supposing them
founded, could be obviated, if those gentlemen would, themselves,
take the trouble of attending in future. But he must say, that
the gentlemen who did attack the committee, were altogethei
mistaken. The fact was, that the committee stands high in the
public opinion — and that this estimation was founded on impor-
tant services and pure exertions — upon a painful sacrifice of the
time and labour of the individuals — and upon the more painful
exposure which they made of themselves, to every shaft of
calumny and ridicule, from the mean, mercenary, and malig-
nant hirelings of the enemies of the Catholics.
With respect to that part of the Irish Catholic bar, which
took a part in the labours of the committee, he would not say a
word in its vindication : for his own part, he should be most
grateful if the bar were altogether to be excluded from Catholic
politics — and it would be easy to exclude them. If the noble
lord could spare time from his other avocations, to attend the
affairs of the Catholics, he, for one, would rejoice at their being
placed in such excellent hands ; and would then think himself
;ustified in devoting himself, exclusively, to his professional pur-
suits. All he wished to see was, that gentlemen would jome
forward, and take upon themselves the trouble of advancing the
Catholic concerns ; but it really was rather severe that gentleman.
who avowed that they themselves had not leisure to attend to
the business of the Catholics, should charge those who, with a
disinterested zeal, had made, and were ready to make a sacrifice
of their time and exertions, with being animated with the pitiful
ambition of leadership. No — that was a contemptible object;
and he had no difficulty in culling on the all-seeing Deity to
attest the truth of his assertion, that the conscientious discharge
of duty to an afflicted country, was his leading motive to come
forward ; and that neither he nor his children should ever be
reproached, with truth, for having committed the cause of the
Catholics into any advantage of a personal nature to himself.
Neither did the committee deserve any part of the reproaches
cast upon them ; on the contrary, they had done theii duty well.
The cause of the Catholic soldiery attracted their attention- —
they exposed to view the gross violations of the law, which were
dully committed with respect to Catholic soldiers — the really
patriotic prints of the metropolis joined in the cause — and the
result has boeu, that even the Wellesley administration iii fliis
DANIEL O'CONNELL, ESQ., M.P. 29
country have condescended so far as to recognise the law of the
land in their military orders ; and now the Catholic soldiers in
Ireland are allowed to serve their king, without being called on
for any violation of their consciences. No petty tyrant, dressed
in a little brief authority, could now indulge his vile bigotry, by
compelling the defenders of their king and country to abandon
what they conceived to be their duty to their God.
Was this no service ? Did the committee deserve no thanks
for this ? — or rather, was it not an earnest of what the committee
\ad still to do, and would do, in redressing other oppressions, if
.heir cause was not impeded by division and dissension ? At
all events, we had a right to call upon those who impeached the
committee, to state in what respect they had done even so much
for the Catholic cause. Let them state their services, and he
would return them thanks, and not impeachment. But, Sir, the
committee have not confined their exertions to this single sub-
ject. We have framed, in very firm and constitutional language,
the petition which has been already signed by thousands : we
have already procured illustrious personages in both houses of
parliament, to take charge of it ; and it is now actually ready
for transmission to England. There was another subject which
engrossed much of our attention : it was the placing before the
empire and the world, the present oppressed and degraded state
of the Catholics of Ireland, in all its emaciating details. It
appeared to him that the principal cause which had hitherto
prevented the emancipation of the Catholics, was the strange
ignorance of our situation, under which our warmest friends
laboured. Even our best and brightest advocate, that ornament
to Ireland, Henry Grattan himself, laboured under this mistake :
Mr. Ponsonby, too, who has exerted himself so strenuously in the
Catholic cause, appears to be equally ignorant. It is to me,
therefore, not at all surprising, that the Edinburgh reviewers
should have fallen into the same error, so that they stated more
than once, in their late most admirable essay on the subject, that
the Catholics were excluded from only about forty offices, besides
the houses of parliament.
Notwithstanding this, to them almost inevitable error, their?
was a most admirable discussion — it was a specimen of that
inestimable logic, that clear arrangement of the subject, and that
conclusive display of proofs with which that work abounded ;
tut what would it have been if they were informed of our real
situation ; my praise of those reviewers must be allowed to be
unbiassed. I differ from them on the subject of the vet.?, find
3D SELECT SPEECHES OP
would undertake to convince any of them that 1 am right. I
also easily see myself amongst those whom they style •' bombastic
counsellors ;" and I smile to see how happily they have described
that fustian and rant, which I am in the habit, as at present, oi
obtruding upon your meetings. But, notwithstanding this
attack, which I admit to be personal, I do most sincerely and
cordially thank them for their exertions. It is not in the nature
of popular fbeliiig to continue long its gratitude ; but I have no
hesitation in saying, that the Catholics of Ireland deserve to be
slaves, if they ever fbrget what they owe to the writers of that
article. Let me, however, repeat my regret, that its effect should
have been weakened by the erroneous view which those writers
took of our situation. It is strange enough, that when they
Contributed so considerably to the repeal of the slave trade/ they
yere found to be perfectly conversant with the savage tribes of
Raarta and Bambana ; and that they were able to give disserta-
tions on the police of the barbaric cities of Sego and Timbuctoo,
and yet are so deplorably ignorant of the condition of the white
slaves of Ireland.
We have another excellent advocate in England — an advocate
whom we could bribe only one way, with the justice of our cause —
I mean William Cobbett. It is truly important to us that hia
exertions should not be paralyzed by ignorance of our wants.
The moment we can show him the extent of our oppressions, we
furnish him with materials to ensure our triumph — and it must
be admitted that we could not have a more useful advocate.
When he is right, he is irresistibly — there is a strength and clear-
ness in the way he puts every topic ; he is at once so convincing,
and yet so familiar, that the dullest can understand, and eveii
tne bigot must be convinced. But what has deservedly raised
him high in public estimation, is the manly candour with which
ho avows and retracts any opinion that he discovers to be erro-
neous. I can hardly conceive a greater proof of sound under-
standing and perfect honesty than such conduct ; but what has
been his fate ? Why, he has advocated your cause, and is suffer
ing under an atrocious sentence — indeed, in the history of mo-
dern times, a sentence so disproportionate with the offence, as
to excite horror and disgust in the mind of every man who heard
it — a sentence which actually has the effect of converting th'
object of it, from being the victim of just law, into the martyi
of some unpopular, and therefore hated cause. What a besotted,
benumbed people these English are ! They heard the sentence
.urtmouuced : two lonpr weary years' imprisoi./.ieut for a libel or
L O'CONXELL, ESQ., M,P. 31
the German legion ! They saw the victim conveyed to his dun-
geon j the fountain of mercy was there, yet there was no address,
QO petition to the throne for its interference — neither has this
subject yet been brought before either house of Parliament.
Upon this subject I confess 1 have been led away by my feel-
ings ; but as 1 have wandered, allow me to indulge in relating
to you the fate of another public character. A certain laad-
calf, of the name of Sparke, pronounced and published, some
two years ago, a dissertation in bad Latin, in which he strenu-
ously advised that Catholics should be turned out of every civil
situation ; and that they should be expelled from the army and
navy ! Upon what grounds, think you ? Why, as the enemies
of everything human and divine ! Here was a libel — a libel
most admirably calculated to serve the interests of Bonaparte,
by depriving us, at a single blow, of at least three-fourths of our
army and navy. You imagine, of course, that he was punished
— that the Attorney-General prosecuted him, and called for a
vindictive sentence in the name of the army and navy, and that
he conjured up the shades of the Catholics who bled at Aboukir
and Trafalgar — who bravely fought and greatly died at Vimiera
and Talavera, to scream for vengeance. You suppose that thin
worthy divine was sentenced to at least one fortnight's impri-
sonment. Oh, no, you are mistaken — he was only made a bishop,
and he will soon have to give his enlightened vote on our peti-
tion to the lords. Mr. O'Connell entreated pardon for th us
wandering from the subject — his object was to show the labours
and services of the committee ; and he had pointed out the state
of ignorance in which our advocates were, with respect to Catho-
lic privations. It was unnecessary to enlarge on the utility of
giving accurate information on the subject. The committee felt
that they had this duty to discharge, and they have, with no
small labour, completed it. He held in his hand the volume of
near two hundred pages, which they had compiled on the sub-
ject and if the meeting would suffer him, he would undertake
to ujmonstrate that the committee had exerted itself with much
attention and labour. If he was suffered, he would shortly state
an abstract, taken from their report, of the offices of trust, honour,
and emolument, from which the Catholics are excluded, and
which even our friends estimate so low as about forty, but which,
in truth, amount, when the influence, as well as the positive
enactment of the penal code, is considered, to upwards of thirty
thousand. If it did not weary the meeting, he would now g-
into detail.— (A gennral cry uf 'go on, go on.') Mr. 0'Comit.ii
32 BELECT SPEECHES OF
in continuation, said, being encouraged, he would proceed
the abstract. The first thing that offered itself was the parlia-
ment. From seats in both houses the Catholics were exchrdcd,
amounting to 900 ; next came the offices in corporations. We
are, in Dublin, excluded from the
Offices of Lord Mayor aud Aldermen, . . . .24
Sheriffs and Sub-Sheriffs, r V 3
Sheriff's Peers, ........ 38
Common Council, • . ..... 96
Recorder, 1
Treasurer, .1
Town Clerks 2
Masters and Wardens of Guilds, 73
Total ... . .238
There are, I think, 86 other corporate cities and towns in Irelandi
which, at the low average rate of 32 officers in each, from which
Catholics are by law excluded, amount to 2752 ; giving a total,
under positive exclusion of 3083. But if a more accurate vi(rw
of the other offices in the gift of the corporation, or confided to
them, be taken, it will be found that Catholics are, by the spirit
and operation of the law, if not by the letter of it, excluded from
those latter offices — as, for example, in Dublin —
President of the Court of Conscience, his Secretary and Clerk,
(worth two thousand pounds per annum,) ... 2
Lord Mayor's Secretary . . »...*., . . . 1
Police Justices, 12
Their Secretaries and Clerks, . . • . . . .12
City Officers, as Constables, Sword-bearer, &c., (see Red Book), 27
Cranes, .... .... 4
Pipe-water Board,
22
3
16
13
Public Money Yards, &c.,
Ballast Office,
Paring Board and Offices,
Grand Jury, with very few exceptions, and other public
boards, offices, and clerks, . . . ... 50
Amounting to 162
Add to those similar offices in the other 86 corporations of;
Ireland, averaged at only 32 to each, amounting to . 2752
Total . . "r. ... 2914
Thirdly — There are in the profession and administration of
,he law-officers, from which we are directly excluded : —
DANIEL O'CONNELL, ESQ., M.P. 33
Lord Chancellor,
Master of the Rolls, 1
Law Judges, 12
Sergeants, 9
King's Counsel, (now) .... . 28
Masters in Chancery, 4
Attorney and Solicitor-General, 2
Counsel to the Commons, . > . . . .2
Chairman of Kilmaiiiham, • '. • • V r • . . 1
Sheriffs of Counties, . : . . . , . .32
Sub-Sheriffs, . . . . *"'. .: - .. . > 32
Advocates in the Spiritual Court, ,. ., . . .20
Proctors in Dublin, ... . .. n . . 9
Proctors in the country, .... . .40
Notary Public, .66
Law Officers in the Spiritual Courts — the jurisdiction of these
Courts extend over temporal matters, . . .109
Total . . , . .^ . '358
Add to those a number of Officers under the patronage prin-
cipally of the foregoing; which, although the profession
of the law is not unequivocally liberal, yet Catholics
are almost uniformly excluded from such as Assistant
Barristers of Counties, Assistant Counsel Coroners,
Law Clerks in the Law and Equity Offices in Counties,
(see Red Book,) amounting, at least, to . « . TOO
Total . . . . . J . 1058
The next class I shall mention is that of the officers in the army
and navy. It is notorious that the Catholics contribute very
largely in money and men, to those services. The number of
officers may be thus estimated. In the army the regiments are
thus :—
Life Guards, • 2
Horse Guards, ^ ' > 1
Dragoon Guards, « , K 7
Dragoons, 24
Foot Guards, 3
Foot, 131
Artillery, .3
Irish Militia, from several of the commissions in which Ca-
tholics are absolutely excluded, •+. . . . .28
Total . .v ;. -. . . 1SJ
Several of tne regiments have two, three, or more battalions, so
.hat the entire may be estimated at 200 battalions; ana must
contain 7500 commissioned officers, from which deduct 100 for
^4 SELECT SPEECHES* OP
Catholic officers in the Irish militia, it will leave 7400. And it
is quite manifest that the proportion of 100 Catholic officers in
che Irish militia, is a great exaggeration. Add the paymasters,
,/ofiimissariat department, the staff, storekeepers, contractors, <fec.
under the same patronage, amounting, at least, to 1600; amount
ing, in the entire, to 9000. In the Davy, the officers may be
thus estimated : — There are in commission, about 900 ships. At
a very moderate average there are ten officers to a ship, being
9000 ; admirals, «kc., about 200 ; add the dockyard establish-
ments, the companies of marines, the pursers, and the other
officers dependent on the naval departments, amounting to 3800 ;
amounting, in the entire, to 13,000. There are other offices 01
trust, honour, and emolument, from which the Catholics are ex-
eluded : —
Lieutenant, . • - "«. " •' ;. ;'vy » . ',."'. 1
Lords of the Treasury, . . ? . ' . • . . . 8
Governors of Counties, (now) j^ - i • - • „ • ;>• 38
Privy Councillors, including Duigenan, .... 90
Fellows of Trinity College, . t: . . . .28
Scholars of ditto, . . . ' .'.•.'. . 60
Postmasters- General, . . •'-.••' . ^ . ? £ 2
Teller of the Exchequer, . . . •'«/..'.". 1
Chancellor of the Exchequer, , ' • • . . 1
Keeper of the Privy Seal, * ¥ \ ..... 1
Vice Treasurer, ........ 1
Auditor- General, ........ 1
Custodes Rotulorum, . . . ,. . . . 16
Secretary of State, . . . . . . .1
Secretary to the Lord Lieutenant, . . . .2
Total ..... V . 251
I am sure I can be reproached only with having too far dimi-
nished the dependent offices from which the Catholics are ex-
cluded under this head, when I state them only at 2060. Catholic?
ars excluded from the following offices : —
Directly. Indirectly.
1, Parliament, . . 900
2. Corporations,
3. Law,
4. Army, .
6. Navy,
. 3152
. 358
. 7400
. 9200
6. Other Offices enumerated, 251
1829
700
1600
3000
2000
Thus giving a total of offices from which Catholics are
excluded, by positive enactment, of . . . 21,26)
DANIEL O'CONNELL, ESQ., M.P. 35
And of offices from which they are almost, with equal
certainty excluded, by the spirit and operation of the
?aw, amounting to ...... ' 9,229
Amounting, in the entire, to . . 30,490
Let it be recollected, that in giving this statement, we abstain alto-
gether from the situations which belong, of right, to the Established
Church. We should be sorry to see any similar law created for our
, and we most assuredly do not seek to disturb those that exist/*
There is another important branch in the political economy
of this country, from which the Catholics ai'e almost altogether
excluded ; it relates to the collection ana distribution of the public
money. There are annually about sir millions raised on the
Irish people — of these, it is said, that ouly four millions, or 13s.
4d. in the pound, reach the treasury. There are, besides, four
millions annually borrowed in England, for Ireland, and expended
in this country; so that there seems, taken together, a sum, mak-
ing altogether ten millions, is collected and managed, almost
exclusively by Protestants; there not being, I dare say, at the ut-
most, twenty Catholics em ployed in such collection or management.
I am sure I should grossly exaggerate it, were I to say there were
twenty ; amongst other reasons, because I have already shown
that the far greater number of the offices attached to that collec-
tion and management, are by the law sl...t against the Caiholics ;
so that we have ten millions yearly, the principal of no less than
six millions of which are raised from the inhabitants of this land,
and the interest of the entire of which is charged upon them and
their descendants in perpetuity. We have these ten millions
oppressive to all, and emolumentary uiily to a few of the Pro
testants. Let it also be recollected, that the four millions which
p re paid into the Irish treasury, have a second operation, for of
course they are paid out again in discharge of the expenditure
of the state ; but the management of such payment is also in the
hands of the members of the Established Church ; so that, in fact,
we are thus excluded from the management, and all the advan-
tages that result from the management of fourteen millions of
money annually, taking into consideration the second operation of
the four millions raised in Ireland. The committee have entered
into various details to illustrate and prove their statements ;
they do not omit to treat often of the insult that the parade of
Orange anniversaries, and the commemoration of ancient feuds,
excite and perpetuate ; but above all, they have investigated th*
;lf-plorable situation of Ilio inferior orders of Ca^-.olics in the^
36 SELECT SPEECHES OP
towns, particularly in the north, on those days devoted to the
celebration of Orange festivals ; when the lower order of those
systematic oppressors meet together for the purpose, according
to the phrase used by some of themselves, at a late trial al
Omagh, " of making Orangemen" The committee has remarked,
too, on the degrading situation in which the Irish Catholic offi-
cers, who go to England with their regiments, are placed. There,
they must quit the service, or violate their consciences, whilst
they see German soldiers enjoy complete toleration in the Catho-
jc religion; as if the conscience of a German was declared by
law to be worthy of respect, that of the Irish, of none ; why else
do the pious Perceval, and holy Wilberforce, consent to allow
Popery in the German legion, and persecute it amongst the loyal
Irish ? It is our anxious wish that some of the class of hirelings
who do the dirty work of the Wellesleys and the Percevals, shall
have tne audacity to contradict the facts which our statement
contains. We challenge them to that contradiction ; all we en-
treat is, that they will come to particulars ; but if they do not
— if they protect themselves by general denials, we are ready
with the proofs of each and every assertion. I entreat the in-
dulgence of the meeting for this lengthened trespass on their
patience. I hope I have shown that the committee has not
neglected its duty; it has assisted to relieve the soldiery from
the oppressions under which they laboured — it has prepared the
petition, and made every arrangement for its presentation — and
it has ready for publication, a detailed statement of the penalties
and persecutions under which the Catholics suffer ; yet, whilst
we do thus suffer — whilst the multiplicity and weight of our
chains may affright even our enemies, we, wretched slaves that
we are, instead of combining heart and hand to procure redress
and relief are about to engage in a miserable warfare among our-
selves. The old curse of the Catholics is, I fear, about to be re-
newed ; division, that made us what we are, and keeps us so, is
again to rear its standard amongst us ; but it was thus always
with the Irish Catholics. I recollect, that in reading the life of
the great Duke of Ormond, as he is called, I was forcibly struck
with a despatch of his, transmitted about the year 1661, when
ne was Lord Lieutenant of Ireland. It was written to vindicate
himself from a charge of having favoured the Papists, and having
given them permission to hold a public meeting in Dublin. His
answer is remarkable. He rejects with disdain the foul caJufony
of being a favourer of Papists ; though he admits he garo them
Ifeave to meet : " because, said he. " I know by experience, ttot
DANIEL O CONNER, i&JQ., M.f. 37
the Irish Papists never meet, without dividing and degrading
thsmselves." I quote the words of the official despatch ; I cau
lay my finger on the very spot, in " Carte's Life of Ormond."
One hundred and fifty years have since elapsed, and we are
Btill in thraldom, .because no experience can, I fear, cure us of
this wretched disposition to divide. He entreated of the respect-
able gentlemen who that day attended the committee, to consi-
der that their mistakes, if they had made any, ought not to be
visited with so grievous a calamity, as that of creating dissension
amongst them. But in point of fact, of what was the committee
accused? Why, that they, having been expressly entrusted with
the management of Catholic affairs, had thought it prudent and
wise to consult, not the citizens of Dublin alone, but the Catho-
lic inhabitants of every county in Ireland. Had not the coun-
ties of Tipperary, and Kerry, and Clare, and Carlow, and Kil-
kenny, as good a right to be consulted with, and beard, as the
city of Dublin; and he appealed to the good sense of every man
present, whether it must not have the worst effect on the Catho-
lic mind, if any gentlemen shall continue to insist, as they did
that day, tnat an" aggregate meeting in Dublin was all-powerful,
that it was " tlie people." and that the Catholics of the different
counties had no right to contribute to the foundation of the gene-
mi committee. The objection in point of form to encreasiug the
committee, would have weight but for the state of the law. The
managers of the petitions appointed by the counties were not
delegates, and could not act in a representative capacity ; but
this was only because the law prevented the Catholics from
choosing delegates, and holding a representative assembly. It
should, however, be recollected, that a precisely similar objection
lay against the committee appointed by the aggregate meeting
for neither were they delegates or representatives. If they in-
sisted on the country, they would only expose themselves to the
hazard of an indictment, with the certainty of being convicted.
This was the distinct answer to the maxim, the trite and quaint
maxim which no person disputed, that a deputy could not con-
stitute a deputy. The fact was, that there were not, and could
not be any deputies in the committee. In the present state of
the law, we could only regret that delegation was forbidden — but
we should cot be driven, even by this impeachment, to violate
the law. Hid expose the Catholic committee to a prosecution. It
Assured!/ could not be the intention of the gentlemen to drive the
commiibtt into that predicament. It was impossible not to be
aenaible that be had already consumed too much of the time of
?8 bELECT SPEECHES OF
Ibe meeting; he should therefore rapidly conclude by moving
the order of the day, namely — "That the Catholic petition be
forthwith presented to parliament." He was anxious to plan
that out of the way of dissension. Indeed the cry of no petition,
like u somewhat similar cry in another quailer, had, it was sup-
posed by the country, been the watchword of party in Dublin,
it was strongly suspected by many well-meaning persons, that
such cry was used for the sole purpose of serving as a rallying
word; and this suspicion unfortunately justified in some mea
sure by the change that had taken place in the arguments used -to
oppose the petition. Formerly, gentlemen talked for hours in
praise cf " dignified silence," and of " frowning upon their ene-
mies," and of " muttering curses deep not loud." Now, iiideed,
their faces were decked in smiles ; they were smoothing their
whiskers, and putting them on the peace establishment ; they
talked of delicacy, and with courtly air, entreated that we would
not embarrass our friends of the new administration. Sir, I
know but of one embarrassment in this nation — and that arises
from the state of weakness and distraction the empire suffers
from the political injustice inflicted on the Catholics. I know
but of one embarrassment to the Catholics, and that arises from
the state of inferiority and degradation in which the criminal
neglect of our just right leaves us. I know too, but of one
course to procure emancipation. It is the open, manly, and
constitutional right of petition. If you petition session after
session, you take away all pretext for intrigue *nd cabal amongst
yourselves ; all rational hope of managing a party amongst us
from your enemies, and also from your falsehearted friends ; and
for my partj my humble opinion is decided, that you should con-
•iuue to repeat your demands for liberty, until every grievance
shall be extinguished, and every trace of religious oppression an-
nihilated. It was, however, right to observe that if the country
differed with hira on this subject, they ought in justice to be
heard. It was imperative on the committee to lay the petition
before parliament ; but no discussion could take place upon it
till after the Easter recess ; in fact, until the middle of next
Vlay. In the interim, the managers for each county would be
able to ascertain the sentiments of their respective neighbour-
hoods ; and should it appear to be the will of the majority of
the Catholics, that the discussion of our petition should be de-
'brred for another year, why the example set by the English Ca-
tholics last session may be adopted, and the petition allowed to
lie on the tabij for the present. He must say that he would
DANIEL O'COSSELL, ES<*\, M.JT.
regret any such determination, as our claims, if imdcrstood.
•vliich they could be but by discussion in parliament, are really
invincible. But he never would set up his own opinion against
that of the majority, or even against that of any considerable
portion of the Catholic body.
He then concluded by reminding gentlemen, that every autho-
rity, human and divine, spoke trumpet-tongued of the evils of
dissension ; and he conjured the meeting, as they wished to be
true to their country, and to their God, not to divide, and dis-
tract fellow-labourers and fellow-slaves.
Mr. O'Connell finally prevailed, though not -without a division, on which, however, th«r*
was a considerable majority against Mr. Clinch's amerdraent.
According to a resolution of a previous meeting (on the 29th December, in the preceding
year, 1810), the petition was to be entrusted to Mr. Grattan. for presentation in the Cora
THE FRENCH PARTY.
A SHOUT speeut u. Mr. O'Connell's at the meeting just referred to— viz., that of December,
1810, may (without any more extended notice of the meeting itself) be here inserted, M
one of the many links of the chain of evidence we trust this collection of his public »;*ts
will be found to afford, in proof of how undeviatinglv he always, while working for Irelani,
looked to and endeavoured to serve the best interest of the empire at large.
Mr. O'Connell said, that what had fallen from the learned gen-
tleman (Nicholas Purcell 0' Gorman, Esq.,) who had preceded
him, required some observation. He (Mr. O'Gorman) had sup-
posed that the French party, mentioned by Mr. Grattan, was, by
our enemies, alleged to exist among the Catholics of Ireland.
This was an assertion which he, Mr. O'Connell, said he mus?
controvert. There did not exist, even among the mean and
miserable herd of the adversaries of the Catholics, any man scr
shameless as to assert that a French party could be found
amongst us. In truth nothing could be more obvious than that
the only genuine and effective bwtfi-Gaflican party in Ireland
was that of the Catholics — for their object is to consolidate the
strength, and increase the resources of the empire ; not merely
to contribute as they do, to every defeat which the enemy meets,
but to render it quite impossible that he should ever succeed,
by combining the entire nation in the defence of their king and
constitution. Our first desire, and the motives which govern
us, are to take away from France e?en the hope of success by
4O ^JLiSCT SPEECHES OF
removing those excuses of distrust, and dissension, and
in this country, which, at present, are really so many temptation*
to the enemy to invade us. We would fain excite a NATIONS k
tnd IRISH PARTY, capable of annihilating any foreign oppressor
whatsoever, and devoted to the amelioration of this our nativt
land. There is, indeed, a French party that does exist in Irelanr*
— a party most useful to the views and designs of France. It ij
the party of the present ministry — that party which exerts its v^
cious energies to divide, distract, and oppress the realm — that
loads the nation with the weight of ill-judged taxation, and em-
ploys the money, wrung from poverty and distress, in fomenting
internal dissensions — in calumniating the Irish people to each
other — accusing the Catholics of disloyalty, because they seek the
rights of the constitution — charging the Protestai/ts with bigotry,
and yet encouraging them to become intolerant. It is, in fine,
this party which desolates the country, and then talks to us of
our growing prosperity.
Mr. O'Connell then nroceeded to speak of Mr GratUn, and peld him the following warm
ind generous tribute .-
He could not sit down without entreating of his learned friend,
Mr. O'Gorman, to withdraw his opposition to the present motion.
Let not our enemies be able to boast that there was a single dis-
senting voice among the Catholics, upon the subject of Ireland's
best and last resource, Henry G rattan. Surely that learned gen-
tleman cannot be insensible to what that illustrious and genuine
patriot has done and suffered in the cause of his country. If ether
evidence were wanting of his love for his devoted country, alas,
poor Ireland ! the active hatred of his enemies, which he has so
long sustained, would alone demonstrate it.
That greatest fbe Ireland ever experienced — her first and deep-
est curse — the lato Earl of Clare, honoured Grattan with his
deadly hate. Can we forget it, how, under Lord Clare's auspices,
a committee of the House of Lords turned itself, as it were, into
a committee of assassination of Grattan's character, and, with
monstrous effrontery, gave to the public, in their report, what
they did not themselves believe, the assertion of a wretched in-
former, charging him with treason.
They did not themselves believe it, for if they had, not onijr
fheir du.y, but their strong and infuriate inclination required that
they should prosecute him eveii to death.
At that melancholy period (and may heaven avert from Ire-
land the recurrence of such another) little evidence was nece$-
1>ANIKL O'cONtfELJ-, rf&Q., M.P 41
8ary, when mere accusation could almost supply the place of
guilt. Let this instance of the vain and impotent malice of the
enemies of Ireland show the extent of his offence in serving his
country.
Tli ere was one other consideration which rendered it imperative
on the learned gentleman to abandon his opposition. Let him
recollect that it was Henry Grattan " that watched over the
cradle of Irish independance, and that he walked after its. .hearse !"
Our country is entranced in the death-sleep of the Union } and
I pity that Irishman who does not feel pleasure in repeating with
me that Henry Grattan is alone worthy to " sound the glad
trumpet of her resurrection !'*
Surely it will not be said that Catholic ingratitude diminished
his ardours. He, Mr. O'Connell, felt that the sin of ingratitude
was heavy upon the Catholics, while they seemed to hesitate, but
for a moment, on this subject, He would not, therefore, detain
the meeting from passing, what he trusted would be, an
moua vote,
UNANIMITY.
O» the 9th of February occurred another of the occasions, now fast multiplying, to t«A
Mr. O'ConnelTs abilities for leadership, in the important points of conciliating opposing
sentiments, obviating the difficulties suggested by the timid, the silly, or the dishonest,
and clearing away the obstructions wantonly thrown up to wrest or divert the popular
movement.
In the current of this debate, as In that of the preceding debate of this month, there
was strong evidence of a design, on the part of a few individuals in Dublin, to get into
their own hands the exclusive management of Catholic affairs. Mr. O'Conflell, while he
entirely defeated this effort, and kept the Catholic Committee on its liberal and more
popular basis, yet so managed matters as to have been appealed to by one of the chief
parties in the debate to compose the differences that were agitating the meeting.
His speech for this purpose was as follows ; —
Mr. M'Donnell'a motion is for an adjournment for a fortnight,
and the proposal has been offered on such reasonable grounds,
that I give it my most cordial support. Let it not be supposed
that I am actuated by any personal felling, or that I secretl)
indulge a hope of becoming one of the persons who shall be en-
trusted witfi your petition. High as I esteem the honour, I am
not endeavouring, by any means, direct or indirect, to obtain it.
I think not so highly of myself, and I must declare that it would
be to me a most pleasing circumstance if there could not te
42 SELECT SPEJx;ttJSR OF
found a more suitable individual than myself. I conjure my
countrymen not to suppose that I would make the cause of mv
native land subservient to any idle or criminal ambition. I re-
ject, with scorn, the foul imputation. I seek only for unanimity
among Catholics, and I leave to others the glory of dividing the
body. I do not wish to speak harshly ; I have often been mis-
taken, but I cannot avoid saying that, unfortunately, I have,
witnessed in the discussion of this day, more violence than should
have entered into the consideration of slaves. I do not suppose
that the gentlemen act from base or unworthy motives ; but x
say that error has entered their hearts, and I lament its baneful
eifects in the division which it must inevitably cause among the
Catholic body. When are our petty and miserable squabbles to
have an end? Are we not allowed to go into open air? But
must we decide on the impulse of the moment, with all the evil
effects of division and distraction ; whereas by an adjournment of
a fortnight, we would become unanimous. I do not give up my
opinion of the necessity of delegation ; but I would rather forego
the advantages resulting from delegation, than weaken the effect
of your petition by dividing the committee on the question
The petition must go before both houses of parliament, and its
merits must be discussed, but I will not, by pressing a division,
afford an argument to your enemies to identify the sentiments
of a few men in this committee, with the voice of five millions
of persons.
it has been proved to you this day, that the sentiments of
several populous and respectable districts are indubitably in fa-
vour of having their petition committed to the care of delegates .
but I will concede the point, for I would think myself criiniir.ii
if I should divide the committee. My Lord Ffrench, I entreat
you to consider, if it is not an evil of the utmost magnitude to
divide us, as it will show to our enemies, who are secretly- exult-
ing at the prospect of division — that we are to the last a divided,
and, therefore, a contemptible people — objects for the derision of
our malignant enemies.
See the predicament we are reduced to. We are charged with
javing a faction amongst ourselves, and we ask for deliberation
for a fortnight, which would render us unanimous. It has been
said that I am anxious to become one of your delegates ; I so-
lemnly assure you that I am not. Some of my friends have often
expressed their wish that I might become the object of your
choice, but I did say that I could not have that honour. So
impressed am I with the necessity of being uu<uumous, th.it I
DANIEL O'CONNELL, ESQ., M.P 43
promise the gentlemen, if they consent to adjourn, that I shall,
at the next meeting, vote agaimt delegation. (Cries of ' hear,
hear ;' Mr. Keogh seemed to desire that ne and his friends con-
sented.) I thank the gentlem&a for his concession : I hail it as
a happy omen ; it is the voice, it is the heart, it is the support of
his venerated father. (Hear, hear, hear.) We now are actuated
by a proper feeling ; for it is by perfect unanimity alone that we
can triumph. You no longer afford your enemies the malignant
gratification of seeing dissension among you. It is thus you
conquer .tin bigotry of your opponents; not by "frowning and
dignified silence," but by heart-felt unanimity. (Hear, hear.) It
is thus you put them down ; and let us no longer be a miserable
or divided people, but a great and unanimous people, whose voice
is justice, and must be law. (Loud applause.)
ADDRESS TO THE PRINCE OF WALES.
UPON the 8th of March the Catholics met in aggregate meeting, at the old Music Hall at
Theatre — still standing — in Fishamble-street, for the purpose of addressing the Prince of
Wales, upon his being called on to assume the omce of Regent, in consequence of the
second and final mental alienation of the still reigning king, George III.
The occasion was only intended to be made use of for the puipose of expressing the
strong dissent of the Catholics of Ireland from the attempted designs of the Perceval ad-
ministration to limit, most unconstitutionally, the powers am- prerogatives of the new
Regent.
Mr. O'Connell made two speeches on this occasion. The first »vas simply explanatory
of the objects of the meeting, and introductory of an address drawn up in conformity
with those objects. Its adoption was seconded by Mr. Sheil, in a speech of great talent,
and carried unanimously '; as was also a motion that the address should be presented to
bis royal highness by the following noblemen and gentlemen : — Earls Shrewsbury, Fin-
iral, and Kenmare ; Viscounts Gormanstown, Netterville, and Southwell ; Lords Trimles-
ton and Ff rench ; Sirs Thomas Esmonde, Edward Bellew, Hugh O'Rielly, Thomas
Burko, and Francis Goold, Barts. ; Major-General O'Farrell ; Colonel Burke ; Messrs. C
Bryan, R. M'Donnell, D. O'Connell, J. Keogh, Owen O'Connor, M. Donnelan, Edwar«l
Corbally, T. Wynne, J. Burke, Wm. Coppinger, Ambrose J. Roche, Edward Murphy.
1). W. O'Reilly, George Browne, E. Taaffe, D. Caulfleld, Esqrs.
The following is the newspaper report of his first speech :—
Sir Edward Bellew — At the suggestion of several members
of the Catholic committee, whose wishes are considered by me as
an imperative law, I rise to address you at this early period of
the meeting on a subject on which universal unanimity prevails.
Indeed, it were impossible, in Ireland, to procure among the
Catholics, on the subject I shall submit to you, a single dissen-
tient voice ; need I say that I allude to a dutiful and loyal ad-
dress to his Royal Highness tke Prince of Wales. I shall not
44
SELECT SPEECHES OF
consume the time of this meeting, by entering into an explana
lion of our motives for presenting the address ; and I feel it
would be a reproach to induce any argument to justify a measure
10 anxiously wished for by the Catholics of Ireland. We owe it
fco his royal highness to express, with heartfelt gratitude, our
unfeigned thanks for the many favours and benefits conferred oa
us by his revered father, to whom we are perhaps indebted for
the privilege of meeting here this day. [Here Mr. O'Connell took
a summary view of the political state and incapacities of the Ca-
tholics at the accession of his Majesty to the throne} — when, he
gaid, they were excluded from every situation of trust, honour,
and emolument : when the then existing law sanctioned the breach
of every honourable principle ; when there was hardly a grievance
or degradation that man could be subject to, that the laws did
not inflict on the Catholics of Ireland.
Thus stood the abominable code at the period of his Majesty's
accession, and such hardships and slavery did it impose, that the
mind cannot contemplate on it without recoiling with horror and
disgust. By adverting to this period of our history, he did not
wish to excite religious distinctions ; he did not wish to re-
kindle hatred and animosity among his countrymen : his motives
were widely different : they were to lay before the meeting the
obligations we owe to his Majesty, for the many privileges which
the Catholics at present enjoy. Though We continue a degraded
race in our native land ; though we still suffer, as we do, the ex-
clusion from every situation of honour and of emolument, yet to
the kind interposition of his Royal Highness the Prince of Wales
he looked forward for the full and speedy extinction of our
slavery. The past conduct of his royal highness assures us that
those disabilities which distinguish the Catholic from the Pro-
testant, can no long continue. Through life, on every consti-
rutional question, he has given the nation a convincing proof of
the liberality of his enligntened mind. He has selected the
friends and companions of his private life from among the most
able statesmen that England ever produced. Who can forget
that Charles James Fox was the bosom friend of the Prince of
Wales ? (Hear, hear.) Who can forget that the Prince of Wales
expressed his anxious desire that the constitutional principles of
that immortal patriot should be impressed on the mind of his
infant daughter 1 Among the confidential friends of the Prince,
lot it be remembered that the Hutchinson family hold a distin-
guished place. Ami here permit me to 'remind you, that if there
be any class of people that owe that great and good family a
DANIEL O'CONNELL, ESQ., M.P. 45
special debt, it is the Catholics of Ireland. He had almost
omitted to meution the name of his illustrious countryman, Mr.
Sheridan, who has long participated in the friendship of his royal
highness ; but he was ashamed for trespassing so long on an oc-
casion like the present, when he found himself incapable of de-
scribing the grateful feelings of the Catholic people to his royol
highness, to whom they were attached by every principle of loy-
alty and of gratitude.
He lamented that through the misguided folly of our rulers,
the country had already suffered too much. It had been involved
in deep calamity ever since the baneful measure of Union had
been forced upon distracted Ireland. (Hear, hear.) At that
calamitous period the argument made use of by the parliament
of England, for withholding from the Prince his undoubted right,
was, that by appointing him Regent, they preferred him to Wil-
liam Pitt. The offence given to the ministry of the present
times seems to be, that the people prefer his royal highness to
the usurper, Perceval. It is observable that the moment the
Regent was appointed, W. W. Pole set off for Ireland, to misre-
present the Catholics and excite discord. He (Mr. Pole) seemed
to fear that in the liberal mind of the Prince something would be
found that would drive faction out of its fastness. He took the
most decisive measure that his little mind could suggest. Al-
though a general committee of the Catholics of Ireland had been
established for almost eighty years, he had the audacity to issue
his proclamation, declaring that it was an illegal assembly, and
that the meeting was guilty of a high misdemeanour. He thus
thought proper to pronounce sentence without going to trial ;
without the interposition of any judge. He said he acted under
the advice of a judge, who is not a native of this country, and
who is, therefore, ignorant of the Irish character. He admitted
that the judge was an accomplished gentleman and an able law-
yer, but Irishmen would not submit to be ruled by special plead-
ings and English technicality.
But to return to the subject of the letter. It appears that it
was the first act of his royal highness's government in Ireland,
It was the ill-advised measure of William Wellesley Pole, the se«
rotary of all ages. We know it could not have emanated fron.
his royal highness. As for Wellesley Pole, he was first secretary
to the king, then to the usurping protector, and then to the
regent ; but his first act was for the purpose of putting up the
Orange, and dividing Irishmen ; but this was not the act of the
Prince : liis confidential friends' conduct, in both houses of jar-
46 SELECT SPEECHES OP
liament, is a sure pledge that what appeared as the first act of
his regency, was unknown to him. The Earl of Moira had dis-
avowed the act, and he was not only a friend to his country, but
he was the friend of his Prince ; he could not speak in terras
strong enough of the noble exertions of that great man in behalf
of his country ; he was the true patriot, not like the men who
might vote for the Catholic petition. He would disavow them as
they voted at the side of Perceval against their prince— one mem-
ber for the county he belonged to had done so, and he hoped yet
to meet him on the hustings, to express the contempt he felt for
auch conduct
How different was the conduct of the other member of that
county ; he would not mention him by name, but his grateful
country felt his worth — the Knight of Kerry. [Mr. O'Connell
then adverted to the address he was about to propose] It had,
he said, the concurrence of the existing committee — it had the
approbation of that venerated man, Mr. John Keogh — in short, it
had been approved of by all the friends to the Catholic cause, to
whom it had been submitted. Mr. O'Connell then proceeded to
read the address, which was very concise, and to the following
effect : " We take leave to approach your Royal Highness, to ex-
press our heartfelt sorrow for the grievous malady with which
our revered Sovereign is afflicted. We remember, with gratitude,
the many acts of favour and protection which his Roman Catho-
lic subjects have received during his reign." It then proceeded
to express their confidence in his royal highness, and how provi-
dential it was, that, at such a crisis, the nation had such a prince
to uphold the principles of the constitution, and to protect it from
its foreign enemies ; and it assures his royal highness that every
hand and heart in Catholic Ireland are devoted to his support
It then proceeds Jto lament the hateful restrictions with which his
royal highness is encumbered, and that the Catholics of Ireland,
feeling the delicate situation in which his royal highness wag
placed, would forbear to enter into a statement of their situation.;
and it expresses an assurance Jthat they know his royal highness
to be their friend ; and that, in a recent instance, they had expe-
rienced the *«.vour and protection of his royal highness.
DANIEL O'CONNELL, ESQ., M.P. 47
THE DUKE OF RICHMOND.
Mr. O'Connell's second speech on this occasion, was to compose a difference that h«,d
•prung up, relative to an amendment condemnatory of the Lord Lieutenant, the Duke of
Richmond This was proposed by Major Bryan, but opposed by many influential per-
sons present, on the ground chiefly of expediency, though some went so far as to praise
the conduct of as bad a viceroy as Ireland had a long time known. At length, however,
the motion was carried in a modified shape, praying inquiry into what might be the cir-
cumstances justificatory of a circular letter written by Wellesley Pole, the secretary
wid that if none such could be found, that his royal highness should dismiss the latter,
and his principal, the Duke of Richmond.
Sir Edward Bellew, I decare, most unaffectedly, that my feel-
ings are much interested in the fate of this question. On the one
hand, if the motion shall pass, it is to be feared that some of our
best friends may take offence at it ; on the other, shall it not
be acceded to, it may encourage a supposition that we are pre-
pared to submit to every species of insult without expressing our
just indignation. A noble lord and two other gentlemen have
spoken against it, whose hostility to any measure, in a Catholic
meeting, must be considered as almost fatal to that measure ; but
in this case it will be forgotten, at a future day, what course of
argument they pursued, when their opposition to the measure will
be remembered. No gentleman has, however, thought of praising
Mr Pole, although some eulogized the lord lieutenant ; none has
been so bold as to attempt that which would rack and exhaust
invention to make it palatable. No, Sir ; it has been found ne-
cessary to squander the public money in purchasing the labours
of hireling prints, and their depraved parasites, to bestow diplo-
matic wisdom on Mr. Pole, and military skill on the redoubtable
Lord Wellington.
What man in this assembly shall be found voting against any
censure of Catholics upon those men who came here under the
conviction that they thus stand pledged against your claims and
must be prepared to concur in every measure of a no-popery admi-
nistration ? Any men who could accept offices under a Perceval
ministry cannot be friendly to your emancipation. The Duke .
Richmond came here as a military lord lieutenant, and I suppos<
Mr Pole as a military secretary, expecting, in all probability, that
a display of their talents might, at some time, be essential, and
particularly amongst the Catholics, as if we could be hostile to an
army composed entirely of such. The career of his excellency s
life has been a harmless one; he is fond of amusement and the
convivial circle ; but I am not sure that the qualities are such aa
48 SELECT SPEECHES OT
the government of Ireland needs at this moment ; and I defy his
panegyrists to produce any others. It has been said that the
Orangemen aro put down ; but what proof have we for it ? I have
been informed that a new Orange constitution has been framed
within the last eighteen months ; if this be true, to what a state
will not this country be again reduced. Nothing can be more de-
plorable than any association which has a tendency to divide
Irishmen. Yes, there is, to us, one thing more deplorable ; and
that is any measure which may create division amongst Ca-
tholics.
Having said so much respecting the Duke of Richmond, it is
but fair to observe, that there is no proof against him in Mr.
Pole's letter ; nothing can be deemed official from him but his
proclamation. I do not mean to dispute about words, but let
me concede what is right, and say that some more evidence of
the duke's concurrence with Mr. Pole, is wanting to justify us
in adopting this motion. Is it becoming the dignity of the Ca-
tholic body to censure without examination — to condemn with-
out scrutiny] Is it worth our while to divide this meeting
abcut a cabinet clerk ? It is quite manifest, that if the honour-
able mover presses his resolution, a division will be the conse-
quence. I think some middle course may be adopted, which
may save us the necessity of dividing the Catholics. I am sure
the gentleman who brought forward this motion, would not wish
to insult the Prince, or the meanest individual in society ; that
gentleman I am proud to claim as my friend ; his dignified and
spirited conduct, in upholding your character, entitles him, very
fully, to the confidence of the Catholics of Ireland. Whatever
decision this assembly may come to, I shall, of course, assist to
the best of my abilities, in furthering our common cause ; but
in the hearing of my countrymen I declare, that the passing of
this resolution will provoke the enmity of a powerful party in
our own body, with whom the Duke of Richmond is personally
acquainted. The great objection to this petition is, that it de-
mands what is impracticable ; you address the Prince Regent to
remove the Irish executive, and sure you do not mean to say
that it is in his power to do so. See what comes of it — if you
igree to this motion, you certainly insult the Regent, because yon
isk him to grant a favoar which it is not in his power to bestow,
and on his refusal you ay be tempted to say, that he wnl «t»t
do all he can to conciliate Ireland. I know the artillery had been
prepared to intimidate a constitutional and unresisting assembly
of gentlemen. I know the military were at new qmu'Uns to
1>ANIEL O'CONNELL , ESQ., M.P. 49
co-operate in the mighty plan. I know that the city of Dublin
might be compared, on that day, to a place beseiged, but all
these occurrences are not sufficient to justify a measure not well
digested, and which will infallibly divide the Catholics once-
more.
Let me suggest, by way of accommodating the difference, an
amendment ; I am not prepared with one, but the substance of
it would be, to refer this question to the next meeting of the Ca-
tholic committee, for them to consider the propriety of petition-
ing parliament on the subject ; and if the committee shall take
it up, and address for the removal of the lord lieutenant and Mr.
Pole, there is no doubt but it will take place. I would leave
the discussion of this question altogether to the committee ; this
course of mine may be not the best, but it is well meant ; would
it not be a cruelty to the Catholics to cause a division amongst
them for the sake of Mr. Pole ? I may be told, the gentlemen
of the committee would be against the introduction of this ques-
tion ; if so, let them decide according to their judgment in the
committee, but let us not persist in this miserable practice of
counting noses at an aggregate meeting. Gentlemen may say
the committee may be wrong, and an aggregate meeting right,
and, therefore, persevere in causing a division ; I think, although
there may be a majority for the motion, the minority will be
triumphant. We stand upon high ground at present, let us not
descend from it by mean or vindictive measures.
I- shall not detain you longer, than to entreat gentlemen to con-
sider the fatal consequences of dividing the Catholics. By per-
severing and carrying this motion, you most certainly will insult
the Prince, although unintentionally. See what a victory will
be to your enemies to put one Catholic name against another
when you divide. My God ! are gentlemen so wedded to their
own opinions as not to yield a little for the sake of unanimity ?
For my part I am always ready to concede any opinion or mea-
sure of my own, when a better may be offered ; and I shall al-
ways do so when a doubt occurs to me that my own opinion
nay be correct. I earnestly conjure you not to leave it in the
power of your calumniators to say, that you have proceeded be-
yond the bounds of discretion. I will now move, as an amend-
ment to Major Bryan's motion, that the consideration of this
question be referred to the members of the general committee
at their next meeting.
50 SELECT SPEECHES 07
PETITION TO THE PRINCE REGENT.
Ox the 20th of April, 1811, there was another discussion in the Catholic Committee, LorC
Fingal in the chair, on the instructions to be given to the delegates who were to go to
England with the Catholic address and petition to the Prince Regent. Mr. O'ConneU
announced the impossibility of his forming one of the number, owing to professional en-
gagements ; and supported a motion of Sir Edward Bellew for disclaiming, on the part
of the Catholic Committee, " any right to control the delegates."
The base manner in which the hopes of the Catholics were excited, and the delusive
nature of the assurances with which they were fed, of the good will of the Prince Regent
towards them, will appear from a few sentences which we will quote from his speeches
on this occasion.
He earnestly deprecated all division at a time when the Ca-
tholics of Ireland were so near emancipation — a moment when
the accomplishment of their ardent wishes, the fulfilment of their
longing expectations, and the reward of their unwearied labours
were in view — when their emancipation was considered at hand
Let them not fear that in going forward
to present the petition with the address they would offend the
Prince. Could he suppose such an event ; 'he (Mr. O'Connell)
solemnly declared, from the feelings of genuine loyalty in his
heart to the Prince, he would give up any question sooner than
incommode his royal highness. But it was not the case. The
Prince has shown how he regards the true principles of the con-
stitution such a petition would give satisfaction,
not displeasure to him, and so he would venture to prophesy; tjie
delegates would find it.
"WATTY COX."
[LIBEL.]
fur. bigoted and pettifogging hostility of the ministry to the Catholic claims continued
to betray them, during the course of this year, into several of those "mistakes" which,
in matters of state policy, are held by those who assume to be authorities as to states-
manship, to be " worse than crimes ;" both designations, however, apply to the acts of
the English government in 1811, as unfortunately for poor Ireland, they apply to the
acts of her English governors throughout the weary period of h$r subjugation.
Amongst the most ludicrous of those " mistakes" was the prosecution for libel of the
individual who is known to fame in Ireland, as " Watty Cox," proprietor of a |>eriodical
of a strange rollicking character, which he entitled The Irish of Watty Cox'x Magazine.
One of Mr O'Connell 's speeches in mitigation of punishment, will give the reader i
<lea of the man and his publication. Cox was found guilty on two indictment*,
•nteuced to the pillory, and to imprisonment.
DANIEL O'CONNELL, ESQ., M.P. 51
My lords, I am compelled to entreat your attention to a few
observations, by the particular request of my unfortunate client.
Had I merely consulted my own feelings and judgment, I cer-
tainly should consider anything from any man unnecessary, after
what has been so powerfully submitted to your minds, by the ta-
lents of my eloquent and able colleague. I not only consider it
unnecessary, but justly apprehend that it may prove injurious, by
diminishing the impressions which his address must have created
on this court.
My lords, attempts have been made to blacken my client's
character, by describing him as a systematic and common libel-
ler; I trust that insinuations of this description can have no
weight on this court, or diminish the claim of my client on its
mercy. If he has been a libeller on any other occasions, he is
liable to be tried for such productions, and tc be punished if con-
victed. It is, in truth, a libel on the law officers of the crown, to
insinuate that they would suffer to escape from their notice such
libels as could affect the safety of the state ; it is, of course, the
present duty of the court to dismiss from theii minds every other
blameable publication, and confine their attention to the publica-
tion immediately before them. This publication is written in a
manner which must greatly circumscribe the range of its mis-
chief— absurd and unintelligible, extremely vulgar, but extremely
obscure — levelled to the language of the common people in its
expression, but entirely hid from their undestandings by its
incongruity. Thus it is unintelligible to those on whom the mis-
chief could operate ; and carries its own antidote to those, who
have the ingenuity to extricate any meaning from the wretched
mass of absurdity.
That the production must be quite unintelligible to the com-
mon people, clearly appears from this circumstance : — The wri-
ter, when speaking of the abominable tyrant of France — I use
the words of my client, in which, in his affidavit, he describes the
present ruler of that country, I would be understood as incapable
of applying such phrases myself to any man — the writer, I say,
in speaking of that character, clothes him in trophies, emblems,
and various adjuncts, not only very ridiculous but inapplica-
ble, and in no place suitable or characteristic, quite unfit to
unravel his enigma or develope his allegory, but well adapted to
make it inexplicable and impenetrable. For instance, he invests
the ruler of France with those naval characteristics only adapt-
able to a resistless naval power that rides on the wave the lord
^- the ocean ; howt when> where, did he acquire trophies and ixo
'>'2 SELECT SPEECHES OF
nours of that kind? Was it at Camperdown, St. Vincent's,
Aboukir, or Trafalgar ? Few could understand the character un-
der so awkward, so strange a description — few could know the
man, when decked in attire so suitable to conceal or to mislead.
My lords, as to punishment by considerable fine, strictly speak-
'ing, punishment of any kind cannot affect him in a pecuniary
way. Jlis poverty protects him in a pecuniary way ; but though
a considerable fine cannot affect him in a pecuniary manner, it
may affect him in a manner particularly severe, because it may,
indeed, in effect it must, amount to the punishment of perpetual
imprisonment. Perpetual imprisonment is unknown to our law ;
nay, it abhors imprisonment that is measured by years; and al-
though such punishment has been sanctioned by the judicial se-
verities of modern times, it was entirely unknown to the merciful
wisdom of the law of our fathers — the common law of the land.
The common law abhors a lengthened imprisonment, that melan-
choly, miserable, emaciating punishment, which shuts a man out
from the fruits of industry, the comforts of society, the joys of his
fireside.
The common law is slow in inflicting such a punishment ; and
that high crime of unjustifiable homicide — the highest of all
crimes not punished with death — the wantonly sporting with
and destroying the life of another, the common law considers as
sufficiently punished by imprisonment for a single year. Punish-
ment by fine in this case cannot operate against income, but may
against industry; it cannot reduce competence to poverty, but
may reduce poverty to want ; his family are fed by his labour ;
exclude him by imprisonment from the opportunities of labour,
and you will punish the children for the crime of their father,
and decree that the innocent should suffer with the guilty. I
shall not resume the same line of argument by which my learned
colleague has established, that this is the same crime for which,
he has already suffered, and that by punishing him in this instance
you punish him twice for the same offence. The two accusations
form one crime or they do not ; if they form one, he should not
be punished, because he has been punished already : if thoy form
two, the first should not be adduced to aggravate the second,
because he has already suffered for the first. I shall not any
longer detain your lordships' attention ; I commit my client to
the clemency of the court, in the confident hope that you will
feel it to be your constitutional duty not merely to punish the
incidental licentiousness, but also to preserve a free press : thajt
invaluable blessing to which we owe the righta we enjoy — y<m
DANIEL O'CONNELL, ESQ., M.P. 53
the dignified stations you fill ; and our king the throne on which
he is placed !
VOTE OF THANKS TO EARL GREY AND
LORD GRENVILLE. *
Ox the 29th of February, in this year, another aggregate meeting of the Catholics took
place in the same locality as usual, the theatre in Fishamble-street, to " petition the
legislature, and to address his Royal Highness the Prince Regent."
The following resolution, amongst others, was passed at this meeting : —
Proposed by Mr. Burke, of Gltnsk, and seconded by Major Bryan, and resolved unani-
mously— " That the General Committee of the Catholics of Ireland, appointed by th»
aggregate meeting, upon the ninth day of July last, are entitled to our thanks ; and it is
requested that they will not meet, until the legality of their doing so is decided.'
A resolution, moved and seconded by the same parties, expressing the thanks of the
meeting to " our friend* in parliament, Earl Grey and Lord Grenville," was spoken to
by Mr. O'Connell.
Mr. O'Connell came forward and said he did not mean to op-
pose the motion, nor was it necessary to use any argument in its
support. Since the commencement of the British constitution to
the present hour, no statesmen had ever stood higher than those
noble lords in public estimation. They had, with the purest
patriotism, refused everything that power could give ; they had
rejected all the allurements of office, rather than sacrifice, or even
postpone the assertion of principle — a splendid instance of public
virtue, more brilliant for its rarity and for the contrast it afforded
to the subserviency of their adversaries.
It was unnecessary to urge the motion. Every Irish heart beat
responsive to the liveliest accents of gratitude. But he would
avail himself of that opportunity to make some observations on
the recent events — on those interesting events which had occured
since the last meeting of the Catholics. His observations should
certainly be made with the utmost good temper, because, in truth,
there was nothing in tfiese occurrences to irritate, or much that
afforded unmixed consolation.
The first topic that presented itself was the late trial of Mr.
Kirwan. That trial had proved only what was already well known,
namely, that it was possible for the Irish administration, with all
its resources, to find a single jury to take upon itself to swear that
pretence means purpose . and that the man who was admitted, by
nis prosecutors and judges, to be innocent in act and intention, w;ia
in law and fact, guilty.
56 SELECT SPEECHES OF
the numbers were altered 1 — was it corruption 1 — was it a mi-
racle 1
I do still fondly nope, for the sake of law and of justice — for
the sake of everything valuable to Irishmen, that this matter is
not at rest ; but that the baronet or knight, or whichever he be,
will yet have this matter seriously and solemnly discussed and
examined by parliament ; that the entire transaction shall yet
appear • and that my lords the Justices of the King's Bench,
may possibly, hereafter, think it their duty not to suffer so
strange a fact to pass in review before them, unexplained and
unexplored.
Allow me to say one word more, and I conclude, as to the late
trial The prosecutors insulted us, by excluding every Catholic
from the jury ; they injured us, too, by excluding every Presby-
terian. How I thank them for the compliment they paid, on
this second trial, to the sterling integrity of the Irish Presby-
terians, the very best class of men in any community. To all
that is generous and warm in the Irish character, they add a firm-
ness and a discretion, which improves every manly virtue. I do
greatly admire the friends of religious and civil liberty — the
Presbyterians of Ireland.
There is now another, and a different topic, to which I would
lead you ; it relates to an afflicting circumstance which occurred
since our last meeting. You will recollect that I then warned
you against the machinations of your enemies ; I said that it was
conjectured that there were schemes on foot to involve the lower
classes of the people in some idle dream of disaffection ; I cau-
tioned my countrymen against those schemes ; and I added, " that
any person who suffered himself to be imph'cated in them, must
be either a miserable dupe, or the hired spy of the Castle."
Little did I then imagine, that my prophetic fears would be so
soon realised ; little did I then imagine, that I should be so soon
placed in that most distressing situation in which I have since
stood ; that I should be reduced to the necessity of feeling the
abject humiliation of disclosing facts which might be fatal to some
of my deluded countrymen, or be obliged to expose them all to
the danger of becoming the victims of secret conspiracy, and to
do what you all know to be impossible — to violate the solemn
oath of allegiance, which I have repeatedly taken.
Let any man of feeling judge of my situation. I did feel as if
I were degraded ; but I felt that I could not be untrue to honour,
when I was in the company of your lordship, and my most esti-
mable fr*nd, Captain Bryan.
DANIEL O'CON.YELL, ESQ., M.i». Sf
The affair was fortunately passed over ; those who were ar-
rusted have been discharged :
*' My bosom's lord .itts lightly on its throne,"
when I recollect that those men have been restored to their fami-
lies ; but I must again indulge in anticipating hope — I must
•till hope to see, in this country, an administration that will offer
pardon and reward to the proclaimed conspirator, Fisher, for tl.«
disclosures of who were his instigators, and with, or under whom
he acted. .
I may be much mistaken ; but I do expect, then, to find some
vile and abominable scheme disclosed ; a scheme to dupe the
\>oor, in onler to continue the vassalage of the rich. Let me
not be misunderstood, t do not mean to accuse the adminis-
tration at the Castle with any such scheme ; it is of a nature
too revolting to humanity to allow me to attribute it to civilised
beings. The secretary may, indeed, indulge his taste in jurioe,
but he would scorn to deal in blood ; the scheme is confined, if
it exists at all, to some of the inferior agents — to some expectant
place-hunter, or. rather perhaps, to seme spy by profession, who,
in the vacation between the terms, happens to be devoid of other
occupation. (Applause.)
I ought not, my lord, to detain you longer ; but I am induced
to request the attention of the meeting to a publication of a very
htnmge nature : it imports to be a report of a speech in parlia-
ment, and it bears the name of Mr. Wellesley Pole
I (Here Mr. O'Connell was interrupted by Mr. Francis Hudrtlfston— by that Francis Hud
dleston who prosecuted the Catholic delegates — who wanted to address the clminnar
Mr. liarnewall. Major Bryan. Counsellors Hussey and Finn protested against jUis attempt
with grout indignation, and -A ere strongly supported by the entire meeting.]
Mr. O'Conneil continued his address : — What that gentleman
might have said in parliament, 1 am quite ignorant of, nor do I
inquire ; I have at present no right to reply to him here ; un<i
\ entertain little doubt but that anything to our prejudice, or in
lis own praise — bin favourite subjects, which he might have
brought forward — was sufficiently replied to and exposed ; my
business is merely with a newspaper publication — a publication
contained in a paper bearing, with a constant contempt for truth
as k.s title, the sacred name of "Patriot"
This publication is entitled "the speech of the Right Honour-
able W. W. Pole." I cannot bring myself to believe that any
man could pronounce such a discourse : the style is of the poorest
u'der ; it talks of the magistrates having a row with the com-
laittee ; and there are a thousand other phrases hi it which da-
ft
SELECT BnreuilKR O*
that no man of common education could have com
posed it. But it would be absurd to waste time in censuring
more of this composition : it is the absence of truth and decent- v
which distinguishes it, and entitles it to some notice amongst
our calumnies.
Let me be pardoned whilst I delay you to expose its want of
veracity. It is by calumny alone that our degradation is con-
tinued ; if nothing were told of us falsely, if" nought was set down
against us in malice," we should long since have been emanci-
pated. My lord, I beg leave to confute these calumnies, not be-
cause they are talented or skilful, but simply to oppose the sys-
Vem of detraction.
I have selected six different assertions, which are either but
partially true, or destitute of any the slighter foundation of fact.
The first I shall mention is one, perhaps, in itself, of little
moment ; but it will serve to show how incautious " this speech*1
is in its assertions. It does, m v lord, assert, in speaking of the
addition to our former Committee, in the beginning of 1811—
1st — " That the government intended to stop the elections, and
did stop them. The ten persons which (I preserve (he beauty
of the original) were ordered to be returned from each county, in
point of fact, never did assemble."
In point of fact, my lord, we all know that the government
never stopped any such election ; that it never did interfere,
save by sending forth the slovenly and ludicrous circular ; and
that in point of fact, the appointment did take place in most of
the counties-r-every county that pleased — and the assembling of
those persons was a matter as public, and as well known to the
government, as any other fact which was entrusted to the daily
newspapers; but there is certainly this happy colour for the as-
sertion of the speech — that all the counties in Ireland did not
appoint t<» the last Committee.
It is also asserted —
2nd — " Th t Lord Ffrenoh, in consequence of th 3 violence oJ
the members of the Committee, selected from them."
When shall I tiiid time to express my astonishment at thit
.'Wwrtion — an assertion directly, pointedly, and positively the
contrary of the fact. Mr. W. W. Pole could never have said any
such thing. Why, Lord Ffreuch was in the '•^air, when Mr
Pole sent his police-justice to disperse that Committee. Lord
Flrench entered into a correspondence with Mr. Pole to maintain
th-u Committee. He lent his character, his rank, and his talent*
fc> support that Committee ; and, in perfect defiance of Mr. W
W. Pole, he did suppoil it. What becomes of the
luvj^rtion of his secession ?
I wish my noble friend, for so I am proud to call him, were
allowed by his health to be here this day : how he would rt.-tute
this calumny. HP never seceded or deserted the Catholic cause ;
and I can assure Mr. W. W. Pole, that there breathes not the
man who would presume to tell his lordship that he seceded
from the Catholic Committee or the Catholic rights. I knor
the reply which such presumption would meet and merit.
The next assertion which 1 shall notice is —
3rd — "That many of the counties in Ireland could not pro-
duce ten respectable persons of the Catholic religion, above the
rank of farmers."
Where was the creature found who wrote this speech ? Is this
ignorance only, or is it unblushing effrontery ? I shall not stoop
to refute this foolish untruth ; it may serve a purpose in Eng-
land ; in this country it is almost beneath ridicule.
We soon after find it gravely stated —
4th — " The meetings to appoint the present Committee were
held for the most part during the assizes ; but they were con-
ducted in such a manner, that it Mas almost impossible to find
out what passed at the time.*1
Shame, shame upon this profligate speech-writer ! Why, all
Ireland knows that these meetings were held with even osten-
tatious publicity ; that they were crowded by Protestants ; and
that he who could moke the assertion that I have just quoted,
deserves not the trouble of contradiction. It may be supposed
that it was impossible to exceed the absurdity of the last mis-
statement ; but, my lord, it has been exceeded, for I find in thr*
speech these words —
5th — " The Earl of Fingal had also seceded from the Com-
mittee."
No, my lord, calumny more absurd was never invented ; a»-
Bertion more destitute of fact was never written. [Lord Fiugal
declared his assent.] Yes, my lord, you are thus calumniated ;
and the purpose of publishing these untruths only aggravates the
guilt of him, whoever he be, that invented them.
There remains yet one calumny. I do not entreat the mem-
bers of the Committee, so many of them I see about me, t<>
restrain their indignation whilst I read it. It is this : —
6th — " Mr. Pole said, that if gentlemen would read the debates
of this Committee, they would find separation was openly and
distinctly recommended."
KKLECT SPEECHES OK
Mr. Pole said no such thing : the man does not live, suffi-
ciently audacious to say any such thing. Why, my lord, this in
a direct accusation of high treason ; and he who would assert it
pf me, I would brand with the foulest epithets. No ; a writer
in a newspaper may be found to compose such a paragraph, but
no man in his senses in the world dare to utter it aloud. Bwt
if it were said, I care not, while I proclaim it to the world to be
unfounded as it is injurious — aa false as it is foul ; and 1 defy
the slightest proof to be given of its veracity.
I have trespassed upon yon too long, with this miserable pub-
Jcation ; it deserves notice only, because having circulated
among the English, who know us not, it may, remaining uncon-
tradicted, be believed. In the six assertions which I have noticed,
ahere is but one that has the slightest pretensions to any colour
of being otherwise than being directly and palpably the exact
reverse of the fact.
I am tempted to give you another instance of the stuff this
speech is made of. It treats of the book called " The Statement
uf the Penal Law," and, as usual, it flagrantly misrepresents or
absurdly replies. I have been done the great honour, by some
persons, of havng that book attributed to me. I should be
proud to own it if I could, but I am incapable of writing st
excellent a composition, or of sharing the honour with a gentle-
man to whose pen the Catholics of Ireland are deeply indebted,
for everything admirable that has emanated from him ; and never
were they more obliged than by the address and petition which
you have adopted this day.
I do not choose to dilate on the resplendent talents of my
respected friend ; but in him Ireland possesses a model of clas-
sical taste and refined judirment, devoted exclusively to patriotic
purposes. His book has been criticised in this speech ; and the
kw, which is the intervention of the commissioners of charitable
donations, precludes the possibility of establishing a Catholic
charity, with peiinaneut funds, is palliated by endeavouring to
•how, that the rigour of the statute is softened by the mildness
t>f the commissioners. It is alleged that they humanely spare
many a popish charity, and allow the pious sin to be perpetrated
in quiet. Instances of their forbearance are given ; and amongst
fchem we find the following, under date, 1810 :— " James Baldwin,
*f Macroom, coiiar^ (\>rk, left all»his lands, in reversion, to
Doctors Segrave auu Moylan. in trust, to raise £400 per annum,
for ever, to establish a school to instruct, poor children in tht
"
of the Church ->f
DANIXL O'CONNELL, ESQ., M.P. %\
This is one of the instances of the lenity of the commissioner*
of charitable donations. Now, let me tell you what the value of
their kindness is — Mr. Baldwin was married to a near relation
of mine. I ara his executor. It was i proved the will, RO that
I am authority upon this point. The fact is, that he had e\*ht
children, five of whom are married, and have, most of them, large
and increasing families. He first devised his estates to his chil-
dren, successively, and their issue, male and female ; then to two
other individuals of his own name, having families, and their
issue, male and female ; and after the decease of all those per-
sons, between seventy and eighty in being, and all their issue.
this £400 per annum, is bequeathed to endow a Catholic school,
so that the vesting of this bequeath depends on the contingency
of about eighty persons dying without issue, an event very little
likely to take place in this country.
. Such is the wonderful forbearance of those commissioners —
such is the happy art attributed to Mr. VV. W. Pole, of furnishing
proofs and illustrations. Yes, this article illustrates the active
genius of the speech. Unfounded assertion, ridiculous argument,
paltry self-sufficiency, and ludicrous quotation, distinguished
the narrative of the parish clerk, whose situation, exposing him
to public view, he has mistaken for elevation. I have to apolo-
gise for attaching so much importance to matters so insignificint.
I hasten to conclude by expressing my conviction that tlu-
Emancipation is certain, and will be immediate. The generous,
the cordial support of our Protestant brethren, in Ireland, assures
UK of it. The petition — which is exclusively their measure, and
with respect to which, every Catholic has scrupulously avoided
the least interference — the Protestant petition has, at this-
moment, more signatures to it than were affixed to any petition
of our own. It has been supported in every count v by th»»
wealth, talent, and rank of our affjctionate countrymen, and I
rm proud to see amongst us this day, at the head of so many or
our Protestant friends, a noble Lord (Glent worth) whose ardenr,
patriotism entitled him to the gratitude of every class of his
fellow subjects ; and whom we shall see met by corresponding
patriotic exertions, and proudly placed in the first rank of the
representatives of his native country. The voters of Limerick
will not be blind to the insults they have received from other
quarters, nor to their own interests and dignity, noi to the worth
of the noble lord.
We have the Protestants of Ireland in our favour — the IV>-
tcstauta of England, at least the rational part of them, arc not
60 RKLECT SPEECHES Or
Mr. Pole said no such thing : the man does not live, suffi-
ciently audacious to say any such thing. Why, my lord, this in
a direct accusation of high treason ; and he who would assert it
9f me, I would brand with the foulest epithets. No ; a writer
in a newspaper may be found to compose such a paragraph, but
no man in his senses in the world dare to utter it aloud. But
if it were said, I care not, while I proclaim it to the world to be
unfounded as it is injurious — as false as it is foul ; and 1 defy
the slightest proof to be given of its veracity.
I have trespassed upon yon too long, with this miserable pub-
.ication ; it deserves notice only, because having circulated
among the English, who know us not, it may, remaining uncou-
tradicted, be believed. In the six assertions which I have noticed,
there is but one that has the slightest pretensions to any colour
of being otherwise than being directly and palpably the exact
reverse of the fact.
I am tempted to give you another instance of the stuff this
speech is made of. It treats of the book called " The Statement
uf the Penal Law," and, as usual, it flagrantly misrepresents or
absurdly replies. I have been done the great honour, by some
persons, of hav'ng that book attributed to me. I should be
proud to own it if I could, but I am incapable of writing st
excellent a composition, or of sharing the honour with a gentle-
man to whose pen the Catholics of Ireland are deeply indebted,
for everything admirable that has emanated from him ; and never
were they more obliged than by the address and petition which
you have adopted this day.
I do not choose to dilate on the resplendent talents of my
respected friend ; but in him Ireland possesses a model of clas-
sical taste and refined judirment, devoted exclusively to patriotic
purposes. His book has been criticised in this speech ; and the
law, which is the intervention of the commissioners of charitable
donations, precludes the possibility of establishing a Catholic
charity, with peirnaiieut funds, is palliated by endeavouring to
•how, that the rigour of the statute is softened by the mildness
«>f the commissioners. It is alleged that they humanely spare
many a popish charity, and allow the pious sin to be perpetrated
in quiet. Instances of their forbearance are given ; and amongst
them we find the following, under date, 1810 : — "James Baldwin,
*f Macroom, count-* Cork, left. all»his lands, in reversion, t«
Doctors Segrave auu Moylan. in trust, to raise £400 per annum,
for ever, to establish a school to instruct, poor children iu tht
te'H'ts of the Church ->f
DAFIXL O'OONNELL, EBQ., M.T. 9\
This is one of the instances of the lenity of the commission or*
of charitable donations. Now, let me tell you what the value of
their kindness is — Mr. Baldwin was marrio'l to a near relation
of mine. I ara his executor. It was i proved the will, so that
I am authority upon this point. The fact is, that he had eiirht
children, five of whom are married, and have, most of them, large
and increasing families. He first devised his estates to his chil-
dren, successively, and their issue, male and female ; then to two
other individuals of his own name, having families, and their
issue, male and female ; and after the decease of all those per-
sons, between seventy and eighty in being, and all their issue,
this £400 per annum, is bequeathed to endow a Catholic school,
so that the vesting of this bequeath depends on the contingency
of about eighty persons dying without issue, an event very little
likely to take place in this country.
, Such is the wonderful forbearance of those commissioners —
such is the happy art attributed to Mr. W. W. Pole, of furnishing
proofs and illustrations. Yes, this article illustrates the active
genius of the speech. Unfounded assertion, ridiculous argument,
paltry self-sufficiency, and ludicrous quotation, distinguished
the narrative of the parish clerk, whose situation, exposing him
to public view, he has mistaken for elevation. I have to apolo-
gise for attaching so much importance to matters so insignificiut.
1 hasten to conclude by expressing my conviction that ttv.'
Emancipation is certain, and will be immediate. The generous,
the cordial support of our Protestant brethren, in Ireland, assures
u« of it. The petition — which is exclusively their measure, and
with respect to which, every Catholic has scrupulously avoided
the least interference — the Protestant petition has, at this-
moment, more signatures to it than were affixed to any petition
of our own. It has been supported in every county by tin*
wealth, talent, and rank of our affectionate countrymen, and I
PTP proud to see amongst us this day, at the head of so many of
our Protestant friends, a noble Lord (Glent worth) whose ardenr,
patriotism entitled him to the gratitude of every class of his
fellow subjects ; and whom we shall see met by corresponding
patriotic exertions, and proudly placed in the first rank of the
representatives of his native country. The voters of Limerick
will not be blind to the insults they have received from other
quarters, nor to thfeir own interests and dignity, noi to the worth
of the noble lord.
We have the Protestants of Ireland in our favour — the Pr>-
tcstauta of England, at least the rational part of thorn, arc not
52 SELECT SPEKCHRK Of
opposed to us. No, in the two last discussions in parliament,,
the right and justice of our claims were conceded, even by those-
who opposed on the ground of the time ; there was but one soli-
tary exception — a single individual. Sir John Nichol, who wat
sent forward as the scape-goat of English bigotry, to revive
•Ancient calumny, and to add some fresh ones ; he was installed
in the enviable office of successor to Dr. Duignan ; but, good
Lord ! he is quite unfit for the employment. There was about
Duignan, a sturdy, robust, unblushing effrontery, that enabled
i>im to assert anything, and prevented the possibility of hi*
retreating. This poor Nichol, however, was no sooner attacked
nnd ridiculed, at every tide, than he explained one passage,
softened down another, and gave up a third, until he himself
abandoned, piecemeal, the web of intolerance, so that it realljr
appears, that even the futile resource of bigoted calumny is at
length exhausted.
Of the Prince I shall say nothing — uncertainty as to present
circumstances — reliance on the past, and the lingering and dutiful
affection in a heart devoted to the friend of Ireland, restrain me.
To canvass the subject would appear to be the entertaining of a
doubt.
Oh ! but there is one objection still remains to our emancipa-
tion ; it is quite novel and most important. Our enemies object
to the tone which the Catholics use. This notable objection was
struck out by the Earl of llosse. He disliked our tone — he
might as well have quarrelled with our accent — but that would
rather be a strong measure in Lord Rosse (laughter). Seriously,
however, the descendant of Sir William Parsons has an here-
ditary right t6 be the enemy of the Catholics upon any pretext,
or even without one. I do not believe this lord has fallen intc
inconsistency. I have some faint recollection that, under tha
uame of Sir Lawrence Parsons, he once enacted patriotism in
Ireland — I may be mistaken, but I do not think he ever sup-
ported our claims ; and I am quite sure I wish he never may.
But our tone is disliked — yes, my lord, they dislike the tone
which men should use who are deeply anxious for the good of
their country, and who have no other object. We are impressed
with the sense of the perils that surround us, and of all the
calamities impending on a divided and distracted people. \\ e
see our own resources lavishly squandered upon absurd projects,
whilst our tottering paper currency is verging fast to bank-
-uptcy — the fate of every other paper currency that has aa yet
•justed. We see the private ruin that must eusue, the deatruo-
DAFIEL O'CONNBLL, F8Q., M.P. $3
tion, so prodigally hastened, of the funded system. We see the
most formidable militaiy force arrayed on the Continent. The
Emperor of the European world is now busied with *ome quarrel
on the Northern Frontier, which now extends to the suburbs of
St. Petersburgh ; his fleet augments by the month ; who shall
dare to say tl>;it we shall not have to fight, on our own shores,
for the last refuse of civil liberty, in this eastern world. What
blindness, what infatuation, not to prepare for that event !
We, iny lord, assume the tone which may terrify the invader ;
we use the tone of men who appreciate the value of civil liberty,
and who would die sooner than exchange it for the iron sway of
military rule. We talk as men should, who dread slavery and
disgrace, but laugh to scorn tho idea of danger. Shall it be
asked, if the invader arrived —
" And wa« there none — no Irish arm,
In whose veins the native blood runs warm ?
And was there no heart in the trampled land.
That spum'd the oppressor's proud command?
Could the wronged realm no arm supply,
But the abj«ct tear and the slavish sigh '*'
Why, yes, my lord, we are told if we had been servile ana
base in our language, and dastardly in our conduct, we should
be nearer success; that the " slavish tear," the "abject sigh."
would have suited our dignity ; that had we shown ourselves
prone to servility and submission, and silent in oppression, wo
should advance our emancipation ; and that by proving, by our
words and actions, that we deserve to be slaves — we should
nnsure lihertv.
MR. VERNER MOORE.
AT * meeting of the gentlemen of the bar, held on Saturday, May 30, 1812, Mr. O'ConneB
delivered the following speech, as reported hi the Dublin Evening Pott of Thursday, Jun«
4. 1812:—
He sard that having had the honour of being called to the
chair at the small meeting of the bar which had occurred in the
vacation, he felt it to be his duty to state the object of those
who called that meeting, and had adjourned to the present day
for the convenience of the bar at large. The facts were, simply
and without comment, these: — Shortly after the last circuit, Mr.
Verner Moore had published, in the newspapers, a statement
154 SELECT SPEECHES OF
purportin" to detail a transaction which he asserted to liavn oc-
curred at the last assizes of Omngh. It purported, as far as it
went to be the report of a trial that had taken place in the pub-
lic court-house, as personally interested Mr. Moore ; it was ad-
dressed to the Irish bar, and for the truth of the statement, Mr.
Moore solemnly pledged himself. It appears that, shortly alter,
the benchers, as they are called, of the King's Inns, had a meet-
ing • they summoned Mr. Moore before them; they required to
know if he were the author of the publication in question ; he
admitted the fact— he went further— he admitted that the mode
of publication of his complaint, in a newspaper, was an improper
one : but he again repeated his solemn assertion of the truth of
what he had published, and offered to prove, beyond any doubt,
its perfect accuracy. He was then dismissed ; and the benchera
who had before his personal examination, deliberated in private,
resumed their private sittings, and the result was, a vote 01 the
severest censure on Mr. Moore; and another vote, that the cen-
Bure should be read publicly in all the courts, on the first da>
of the present term. Such were the facts. It stood thus :-
Mr. Moore had published a report of a trial, or part of a trial ;
if what he stated was true, misconduct of no ordinary km
was attributable to one of the benchers in the exercise of his pul
The beach, including the personage thus accused, meet. They
do not investigate the facts ; tboy are incompetent to inventi-
Kate any facts ; their meeting is held in secret, and they inflict
punishment for the publication of that which they do not accu.
U) be a falsehood. Upon this subject he would not, for the pre*
sent, give any opinion ; although he should be sorry any one
supposed he had not formed a distinct opinion on it. But he
would, for the present, concede that Mr. Moore was guilty o!
some offence that deserved punishment. The question wa*
whether the benchers had any jurisdiction over the oftence. It
ss'as a question of great importance to the bar in every point o
view Their property, their characters, their honour, were
involved in its consideration. No man could well consider him-
self safe in his professional pursuits, if any body of men assem-
bled in a private chamber, without power to administer an oath,
or examine into a disputed fact ; without form of indictment or
mode of pleading ; without allowing the advantage of counsel,
or showing the grounds of decision, were entitled to vote awaj
the profession and the reputation of the Irish gentlemen who be-
long to the bar.
ESQ., Y..P. r5
These wore alarming considerations ; ho was ready to *•) Tr.it
the respectability of the persons who composed this secret tri-
bunal ; it was not against the individuals he complained, it was
against the existence of the thing itself, lie conld not see any the
least necessity for its existence. The Irish bar composed, hn *;u»
convinced, the first profession in the world ; it required no inquisi-
torial power to keep it within the bounds of the strictest proprievj
— nay, it possessed the most certain method of repressing miscon-
duct among its own members, by the moral force of its own high
character. The man who conducted himself in a manner unbe-
coming a gentleman would shrink abashed from their society, or,
if he hau'nted the hall, he would be seen to glide through it de-
spised and unnoticed, and solitary in the midst of a crowd ; and
if greater delinquency phould be found, it would meet with ex-
clusion and expulsion from the entire society, who were alone
capable to exclude, but who could never conspire against an in-
dividual.
This inquisitorial power could not fie necessary for the protec-
tion of the judges ; it was ludicrous to suppose that it could ;
the judges were armed with abundant power for their own pro-
tection— they could commit to the do^k, they could force, they
could imprison at their own discretion, almost at their caprice,
for the slightest disrespect. All these powers existed, and weie
recognised by' the law ; nay more, they were all absolutely ne-
cessary for the due administration of justice, To diminish any
one of them would be to render it difficult, perhaps impossible
to do justice effectually between angry litigants ; but those
powers have been, by experience, found amply sufficient for that
purpose. When, however, there is added to this, the natural
effect which the disfavour of the judge must have upon the suc-
cess of any individual barrister, it would be seen at once how
unnecessary further securities were ; there was even danger of
the other extreme, and servility to the bench, to which poor hu-
man nature afforded so many temptations, could be guarded
against only by the high-mindedness of educated gentlemen, who
rather condescended to belong to a profession, than to be the
slaves of its emoluments.
Without the independence produced by this spirit, it would
be impossible to be honest as an advocate ; for that advocate is
not honest who, for his own sake, shrinks from the manly asser-
tion of his client's rights, whatever may chance to be the imnrew-
sions of the bench against it ; but at the Irish bar, where the
very soul of honour was to be found, th*H*e was no dauqnr of any
«6 aCLKCT SPEECH ffH 0*
tone being adopted but that which would dignify hidiridi;*ls
and exalt a profession. It may, perhaps, be said, that although
it is dear that the judges had sufficient means of making their
authority respected in court, yet, that they wauled further
grounds for contein-pts committed out of court, and the case -jf
publication of a false and libellous account of a trial might l»e
Hu/ftained. But this he was ready to deny, because there existed
already abundant means of punishment for such contempts.
There were attachments, informations, ex-ofncio or by rule of
court, indictments, and actions.
Now, for example, this Mr. Moore might have been proceeded
against in any of these ways if his publication were false. To
;ui action he was liable, but there the truth would be a justifica-
tion. An attachment or an information, by rule of court might
be obtained against him ; but then an affidavit must be made of
the falsehood of his statement, and he who swore the affidavit
might be prosecuted in his turn ; so the information ex-officio,
render truth or falsehood immaterial ; but in a case of this kind
a jury would, in law, as wbil as in fact, be bound to acquit, if
Due publication were proved to be an exaggerated statement of
what had occurred at the former trial.
It only remains then to see whether any person will be found
sufficiently rash to assert, that this tribunal, called the bench-
ers, was calculated to punish for the publication of the truth —
of the truth of what occurred in the presence of the public — •
in a public court — at a public trial. It would be grossly tc
calumniate the respectable personages who composed that body,
to assert that such was the jurisdiction they sought to exercise.
It was important first to consider of the necessity of this species
of tribunal, before any discussion arose as to the legality of its
/urisdiction ; because if it could be shown to him that such a
jurisdiction was necessary for either the honour of the judges,
or the convenience of the suitors, he should not be very scrupu-
lous in investigating its origin, on the foundation of its autho-
rity. But being deeply impressed with the conviction, that the
contrary was the fact — that this tribunal was unnecessary — that,
of itself, and placed in the hands of the best of men, it was
unconstitutional and dangerous — that its immediate effect must
be to crush the spirit and independence of the bar, and to con-
vert an honourable and liberal profession into mere retailers of
chicane, and servile slaves of authority.
With this impression upon his mind, he must solemnly pro-
test against every exercise of power by this tribunal, even against
0AXIEL OCONNTCLL, ESQ., M.P. 6T
ft guilty individual, and conjure the bar, at once to ascertain
their rights, and to trace the limits of this jurisdiction, so that
it wiay be either ascertained to be a mere usurpation, or if h
have a legal existence, that parliament may be resorted to for its
ibclition. For his part, he had pnven the subject all the atten-
tion in his power ; he had investigated all the sources of infor-
mation on this subject, and he had convinced himself, that the
benchers of the King's Inns had no legitimate authority over the
Irish bar. As a legal or corporate body, it was clear, upon theii
own confession, that they had no existence. In the late case
which they had instituted in Chancery against a Mr. Caldbeck,
»n objection was taken to their legal capacity to sue ; to this
objection they had submitted, and their incapacity to exercise
corporate functions was, therefore, matter of record. Prescrip-
tive rights they could claim none ; their history was modern
and well known ; charter they had at present none ; about six-
teen years ago they obtained one, with an act of parliament to
confirm it ; but this act, which had passed sub silentio, having
been discovered, the bar remonstrated, and in the ensuing ses-
sions the statute and charter were repealed. Such was the short
history of this formidable tribunal ; it had no chartered rights,
no powers by statute, no claim to prescriptive authority. It
was, indeed, mentioned in two more statutes, but merely to
qualify it to take land for the irposes of buildings. Statutes
that, so far from admitting its general corporate capacity, were
direct evidence that none such was in existence.
But he might bo told, that although the foundation of its
authority could not be clearly ascertained, yet that facts proved
its existence ; and, in the absence of argument, precedents
might be resorted to, a thing not unusual. There were, indeed
four instances of interference by the benchers with the bar ; four
instances in which men had been struck out of the barristers'
roll upon their recommendation. In the two first, the cases of
School and Brody, tne profession had been disgraced by the com-
mission of the crime, he believed, of perjury. The indignant
Irish bar rejoiced at the expulsion of such men, and cared little
by whom they were kicked out of the hall. The other two
instances were those of Messrs. Arthur O'Connor and Thomas
Addis Emmett. Those gentlemen had, in the year 1799, been,
upon a similar recommendation, disbarred. But it should be
recollected that they first stood convicted, upon their own con-
fession, of being traitors — that they had forfeited their lives to
$* 8ELBCT SPKKOHKJs Ol"
the laws, and had actually, upon an agreement with governn-cuv,
submitted to perpeti\al banishment.
When he spoke of the crimes of those gentlemen, he could not
but express the regret he felt at mentioning the name of one oi
them, with whom he had once the pleasure to be personally
acquainted. Whatever might have been the political crimes of
Mr. Emmett, those who knew him were bound to say, that a
more worthy gentleman, in private life, never lived. But bavin?
abjured the realm, the benchers exercised the superfluous loyalty
of getting them excluded from the list of Irish barristers. No
person was interested to inquire into the authority by which so
immaterial a result had been produced. Such are the prece-
dents, the only precedents that can be alleged. What do they
prove? Just nothing. But, perhaps I am mistaken; perhaps
this jurisdiction does exist ; you may not be willing, and you
^ught not to submit to act upon my researches ; yet I bope I
nave said enough to convince you, that an inquiry ought to be
instituted, and that every man at the Irish bar may know upon
what footing the preservation of his professional property and
personal honour stands. This inquiry should be conducted in
the most respected monner ; no offence will be taken where none
is intended ; we would be bound to make tbe inquiry at every
risk ; but, in truth, the benchers themselves are ready to con-
cede much to the general feeling of the bar. To this feeling
they have already sacrificed the resolution to publisTi their cen-
sure of Mr. Moore. If the bar declares its conviction that no
such inquisitorial authority does, in point of law, and that none
such, in point of fact, ought to exist, we shall never again hear
of the cause of our present alarm.
Mr. O'Connell moved, '* that a committee, consisting of three
of the gentlemen of the bar, be appointed to ascertain the autho-
rity of the benchers, either to censure or disbar a barrister."
The benchers not only gare no redress fn the matter dwelt upon in the foregoing ^p«^cK
bnt were guilty <rf the additional arrogance and injustice of not paying even su much Atte»
t l«i the bar -remonstrance, as to acknowledge baring received it
DANIEL O'OUNSHLL, ESI;., M.P. 69
THE REGENT'S PLEDGES.
fc K are now coiue to the first general manife*uition of feeling on the part of the Catho-
Bcs, upon the disappointment of their hopes, after the assassination of Mr. PeicevaL Th»
«<reut and nature of that disappointment will be best gathered from Mr. O'Connell'*
Rp«ech It was at this meeting that the resolutions were passed, known in the records of
Catholic agitation as <-he " witchery" resolutions. In the third resolution will be found the
»Uuaion that supplied the designation It refers to the shameful entanglement of tlia
Prince Regent with Lady Hertford — an entang'ement, by means of which, inriueiice was
axerted over him to entirely destroy what remnant of honour and good feeling there vva»
jet in his cold and selfish heart.
The allusion gave great offence, not only in the quarter for which it waa intended, but
also to many of the Timorous or deceitful " friends," as they called themselves, but gracious*
patrons, as they in fact assumed, to he, of the Catholics. By them it was strongly repro-
bated ; but the bold and singularly-able compiler of these resolutions, Denis Scully, cared
little for the offence, when seeking to give vent and expression to the mortified and indig
nant feelings of himself And fellows.
The Donoughmore family, then true to Ireland — AS one of them has again recently
proved himself — wer* not amoufst those who disapproved of this scmi-d^claration.of rup-
ture with the IMnce Regent, anu th«ir approbation of it wa» an additional reason for per-
•tsting.
The meeting took, place at Fighamble-street Theatre, on Thursday, June 18. 181 £ — Lord
Fingal, as usual, in the chair. After some preliminary matters, Mr. Hussey rose, and gave
•n account of the proceedings of the gentlemen who had been sent to London on the part
of the Catholics, lit- stated that on applying for a personal interview with his Royal
Highness the Prince Regent, they received a blunt refusal, and were informed by Mr.
Secretary Ryder, that the address to his Highness, with which they were charged, should
be presented at one of his public levees, " in the usual way."
Of course there was no option but to submit ; and, accordingly, the address was so pa-
tented, and received, too, " in the usual way" of most addresses presented on such occa-
v.ons, viz. : the announcement of its purport and origin being all that was allowed to to
stated, and then the document itself being handed over to the tender care and entire for
getfulnesH of one of the lords in waiting.
" His Royal Highness," said Mr. Hussey, " was aot pleased to moke any communication
on the subject to the Committee. What impression was made upon his mind was not
known ; what he felt, what he thought, are left to conjecture (it was not long left a tnat-
ter-of mere conjecture) ; but this melancholy fact is sufficiently understood, that his Royal
Highness did not think fit to offer any recommendation to Parliament upon the subject ;
and it is notorious that the minister seemed to have acquired new zeal in propagating his
old insinuations against the Catholic people, and in repeating his old experiment against
religious liberty."
The resolutions agret 1 upon were brought forward by Mr. O'Connell, moved by Lord
Killeen, and seconded by Mr. Barnewall.
A very able and excellent speech followed from John Finlay, Esq., (at present Assistant
Barrister for Roscommon county), to whom the cause was much indebted for powerful
•ratory and useful exertion* on many occasions.
The reference at the commencement of Mr. O'ConneU'i speech, which we are about «•
*ive, U to the gentleman just mentioned.
I have, my lord, much to say, but I shall say little : I cannot
venture to detain you after my eloquent friend — after the bril-
liuiit display you have just witnessed of the talents and powerful
eloquence of my Jeanuj-l and excellent friend, Mr. Finlay. Wt
7" KKLECT SPKBfiHBS OJT
do, indeed, owe him much : I waa about to regrec ihar. he wio;
not a Catholic, I was so pleased with liiin, and so anxious uia?
we rni^ht, hav« the crodit of such talents; but when I consider.
I think it is better that matters should be as they are ; for it
must gratify every Catholic in Ireland to have Protestant talent
such as his come forward to grace and support our as^'in lilies;
and it is a new source of unconquerable strength to our cause,
to have Protestant and Catholic equally ardent in the struggle
in which we are engaged. His are talents which ministerial cor-
ruption could not purchase, for they are beyond all price.
'Inty calls upon rne to address you ; I may bo mistaken ;
but I consider it as my duty — upon a subject, painful in itself,
yet as speaking upon it may be beneficial in its consequences, 1
•will not shrink from, nor decline it : I allude my lord, to the
public assertion of some of the many pledges which his Royal
Highness the Prince liegent was graciously pleased to tender to
the Catholics of Ireland, before any part of the executive autho-
rity of the state had devolved upon him.
I shall stato but a few of them : I do it without any breach of
confidence, or violating any honorary engagement, either ex-
presood or implied. Without egotism, perhaps I may say, that
no person will charge me with being guilty of either — and I defy
my enemies, who are mine only because they liate or oppress my
poor country, to insinuate tho slightest doubt of the veracity of
my assertions.
I shall bring before the public, for the present, but four ol
those pledges. 1 am sorry they were not formerly made gene-
rally public ; for if they had, no man could have been so profli-
gate as to advise the Prince to anything tending towards a viola-
tion of them, and much of the anxiety and distrust which now
distract the mind of the nation, might have been spared ;m<i
avoided.
Tho first in rank, though not in order of time, is that com-
municated to the Catholics of Ireland, by his Grace the Duke <>f
Bedford. He lives — my witness lives : what is said here will
probably reach him through the public papers ; and I call upon
him, publicly to contradict anything I advance, which is not
literally warranted by the fact. Thus, then, do I state, that in
1806, about the commencement of tho Fox administration, when
the Catholics, flushed with hope at seeing their late advocates in
power, were about to prepare petitions to parliament, the minis
try used many means to postpone that measure. At that pwiod,
and us one of tho*p ineu;;a. his Grace the I) ifc« of Bedford, then
TAN-ITI PCVNXTIU I*Q.. X T. 71
Lord Lieutenant of Ireland, did communicate to She Catholic*
of Ireland, the wish of his Roval Highness the Prinoe of Wait*,
that the question should not then 1* agitated ; and at the aaroe
time, his decided conviction of the justice of our claims, and hit
decided resolution to admit them whenever he should hare power
to do so.
Perhaps I can state this pledgo ; but I see persons before me
to whom this language was held ; and I am quite sure that the
Duke of Bedford would never, never have conveyed one idea on
the subject, if he had not his authority directly from the Prince.
Secondly, my lord, we have had in the same year, the name
pledge repeated to miiny Catholics, by the Ch&noeUor of Ireland,
George Ponsonby.
The keeper of his Majesty's Irish conscience must be supposed
to have had a kind of reversionary solicitude for that of his Koyal
Highness, the heir apparent Mr. Ponsonby do I understand.
distinctly avow the authority under which he communicated to
the Irish Catholics, the promise of emancipation — when, in the
fulness of time, he whom we then cherished as the early friend
of Ireland, and the proudest hope, should have it in his ]H>wer
to rouse the enthusiasm of an elective people round his throne,
Good God ! what a prodigal waste has since luvn tvmmitted
— not of wealth, for that, comparatively, is no more than trash
— but of the cheerful and best defence of the monarch, the Irish
people's love.
The third pledge is a written one, and is in the possession of
a Catholic peer, not now present. 1 have not the honour to l>e suf-
ficiently known to the Karl of Kcnmare, to have applied to him
for it ; but I entertained hopes of being able to procure it through
a friend of mine, and of his lordship. It is sufficient to say of
that pledge, that it afforded for years consolation to the Irish
Catholics ; and the discretion with which it was communicated.
enhanced its value. I believe, my lord, I need not state to you
how little doubt it could leave of the firm decision of the Prince'*
mind upon our question.
The fourth and last pledge, which, for the present, I .-dial I
mention, was that given by his Koyal Highness to a nohle lord
now present. At the conversation 1 allude to, that noblo lord
wa* accompanied by the late Lord Petre, and tlw present. Lord
Clifden. After retiring from the presence of his Koyal JHgU-
ne*«, the declarations which he was so graciously pleased to mak«>,
were from a loyal and affectionate impulse of gratitude, com-
mitted to vritinq. and signed by the three nnbta lords
72 SELECT SPEECHES OF
His Royal Highness did, I understand, oifer something like an
apology, for not having taken an active part in promoting the
success of our petition, in 1805. He was pleased to yay, that
obvious motives of delicacy restrained his interference on poh-
vical subjects, but that this delicacy was «till more imperative on
.mr question. However, he desired it to be understood that he
had formed his opinion upon it, and would ever entertain them
* oaltered. They were, that concession to the Irish Catholics
were required, not only by reasons of expediency and policy, but
by the first principles of justice.
J will not add — I must not add one woid more on this sub-
ject. These were the sentiments of his Royal Highness : we
should have proclaimed them last year, and no minister would
have been found sufficiently profligate to have disappointed our
certain expectations of immediate relief: nor has his Royal
Highness, to this hour, by any personal act of his — by any pub-
lic declaration, or recommendation to parliament, retracted any
part of these sentiments. Let us, then, fondly and respectfully
hope that they are unaltered. Sure I am that 110 base million
will venture to assert, that the air of Manchester-square has in-
fected the royal mind with simples, or that Lord Yarmouth ha*
inoculated him with the theory or practice of excessive piety.
We may still hope. Hope, the last refuge of the wretched, is
!eft us ; and we lately indulged it almost with the pleasures of
certainty : a crime, the horrid crime of causeless assassination,
had deprived England of her prime minister — tor, my lord,
everywhere but in Ireland, assassination is admitted to be a
crime. Here, also, it depends on circumstances ; you have but
to combine these circumstances. Let the victim be an Irish
Papist — let the murderer be an Orangeman — and let a legal
junta administer the government in the name of the Duke of
Richmond. It requires no more to turn murder into merit !
The process in England is different. T here they hanged and
dissected the murderer, and transferred the advantages of the
crime, if I may so express myeelf, to the victim ; it- really and
truly has been considered a merit in Mr. Peroeval to have been
murdered. The public men in England seem to think his death
constituted not only an expiation for all his political sins, but
turned his otfences against his country into virtues.
For my part, T feel unaffected horror at his fate, and all trace
of resentment for his crimes is obliterated. But I do uoi Ibr^et
that be was a narrow-minded bigot, a paltry statesman, and a
oad minister — tliat every Bptjeiua oi public corruption and prolii-
DAMSL O'CONNELL, ESQ., M.P. 73
gacy hao in him a flippant and pert advocate — that every advance
towards reform or economy, had in him a decided enemy — and
that the liberties of the people were an object of his derision.
All this has not been changed by the hand of the assassin;
yet I do, from my heart, participate in the grief and anguish
which his premature fall must have excited within his domestic
circle. The sorrows of his family have been obtruded on the
public by ill-judging party writers, with something like ostenta-
tious affectation ; but I do not love the man — nay, I hate the
man who could contemplate, coldly and unmoved, the affecting
spectacle of the wife and children standing in speechless agony
round tne lifeless body of the murdered husband and father ; if
\vas a scene to make a stoic weep.
But are all our feelings to 1-e exhausted by the great? Is
there no compassio i for the wretched Irish widow, who lost he1:
boy — her hope, her support ? I shall never forget the pathetic
and Irish simplicity with which she told her tale of woe— "My
child was but seventeen ; he left me on Sunday morning, quite
vrell. and very merry, and he came home a corpse." Are hei
feelings to be despised and trampled on ? Is the murderer OJ
her son to remain unpunished, perhaps to be rewarded? Ob
yes ; for Byrne was a Papist, and the assassin, Hall, was ai,
Orangeman, nay, a purple marksman : and, recollect, that hU
(Jrace the Duke of Kichmoud did not pardon him until after a
most fair and patient trial. Hall was defended by his counsel
and attorney ; he was tried by a jury of his own selection — I $&y
of his own selection — because be exhausted but few of his peremp-
tory challenges; nobody, indeed, would think of accusing honest
Sheriff James of packing a jury against an Orangeman. Even
had the list been previously submitted to the secretary at the
Castle, he would not 'have altered a single name; Sir Charles
Saxton might have reviewed it with perfect safety to the prisoner
After a patient trial, and a full defence, Hall was convicted ;
he was convicted before a judge, certainly not unfavourable to
the prisoner ; he was convicted of having murdered, with the
irnis entrusted to him for the defence of the public peace, and
in the public streets of your city, and in the open day, an imx>-
coiit and unoffending youth. He has been pardoned and set at
large — perhaps he has been rewarded; but can this be done with
•mpunity ? is there no vengeance for the blood of the widow's
feoii? Alas ! 1 am not, I trust, inclined to superstition, yet it
ut'trnded itself on my mind, that the head of that government
li had ali.jwe'» the blood of liyme to flow unrequited, niigiit
F
7 i SELECT 8PEECHBB OF
Lave vindicated the notion of a pi evidential visitation for the
unpunished crime.
My lord, I have digressed-; I meant to speak of Perceval's
removal by the assassin, merely as that tragic event opened a
near prospect of our emancipation : we should have been eman-
cipated. At the moment I am speaking, the bill for our relief
would have been in its progress through the legislature — we
should have been emancipated this very sessions, unconditionally
and completely emancipated ; but for what ? — I speak it in no
anger, but in the deepest sorrow — but for Lord Moira.
Lord Moira is a name that I have never before pronounced
without enthusiasm ; I am quite aware of his high honour, his
unbounded generosity, his chivalrous spirit ; his heart has ever
been without fear, his intentions have ever been, and will ever
be, without reproach ; Ireland was justly proud of him ; where
could his fellow be met with ? In the disastrous period that
preceded the Union — at the time that measure was in prepara-
tion— when Foster and Clare banished Abercrombie from Ire-
la- id. because he was humane — when murders marked the day,
and the burning cottages of the peasantry illumined the dark-
ness of the night — when affright and desolation stalked through
the land — when it was a crime to love Ireland, and death to
defend her ; at that awful moment, Moira, the good, the great
Moira, threw himself between his country and her persecutors ;
he exposed their crimes ; he denounced their horrors ; he pro-
claimed and proved their guilt ; and, although they were too
powerful to be beaten down by him, he has left his country the
sad consolation of beholding a perpetual record of the infamy
of her oppressors.
Good God ! if his advice had been taken in 1797, what inno-
cent blood would have been spared ; how many cruel oppressors
would have been punished; and oh! our country would still have
a name, and be a nation !
Can these services be forgotten — can these virtues be unre-
membered ? No, never ; but still the truth must be told. This
is Lord MoircCs administration. He it was that stood between
some worthless minions and the people's hopes. He had to
chpose between them ; and he has given his protection, not to
Ireland or the Catholics, but to Lord Yarmouth and his family.
It is now confessed that a single word from Lord Moira would
have dismissed the minions, and placed Earl Grey and Lord
Ure.nville at the head of affairs. Why was not that fated word
pronounced? Alas! I know not. Full sure, however, I aaa;
DANIEL O'CONNELL, ESQ., M.P. 75
that the intention which restrained it was pure and honourable ;
but I, at the same time, feel its fatal effects. We are, my lord,
to continue slaves, because Lord Moira indulged some chivalrous
notions of courtly romance !
It may bo said, that as Lord Moira has interfered, the Catho-
lics may r'^sonably expect some relief. Let us not be deceived.
From tb , present ministry we cannot expect anything. Our
best an'7, boldest advocate, Lord Donoughmore. has, in his manly
reply to our address, offered the best advice that ever was given
to the Catholic people of Ireland. He has suggested the grounds
of caution and jealousy. We know his devotion to our cause ;
but this last proof of his zeal and vigorous integrity, has ren-
dered it impossible that we should ever be sufficiently grateful.
I am proud that your resolutions re-echo his sentiments.
But, in sober sadness, in whom are we to confide 1 Are we
to believe the word of Castlereagh? My lord, I would not
believe his oath. Already has he been deeply pledged. He
was an United Irishman, and, as such, must have taken their
test. It was then administered, I believe, without the ceremo-
nies of an oath, but it had all the solemnity of that obligation.
It pledged him to Catholic Emancipation and Parliamentary
Reform. Again, my lord, upon the hustings of the Down Elec-
tion, he was called upon, and he volunteered a similar declara-
tion. It was a bond, solemnly given to his constituents and bis
country. But how has he redeemed those pledges 1 Why, he
has emancipated the Catholics by duping some of them at the
Union, and uniformly voting upon every question against us ;
and he has reformed the parliament by selling it to the British
miirister. May this Walcheren minister be suitably rewarded
in the execration of his country ; and may he have engraved on
his tomb for an epitaph —
•• Vendidit hie auro patriam."
No, my lord, from us Castlereagh can obtain no confidence,
nor can his colleague, Lord Sidmouth, expect that the friends of
toleration can confide in. his promises. Lord Sidmouth, who de-
clared to parliament that he would prefer the re-enactment of
hie penal code to the extension of one other privilege to the Ca-
tholics ; Lord Sidmouth, who began his absurd career of perse-
cution with the Dissenters in England ; that Lord Sidraoutb
(liberal and enlightened gentleman) has been selected for the
Lome department; he it is who is to ispuJa** the motions of
SELECT SPEECHES OF
C111LJVU1CV4. XIVA W • » *-~ £-.J^'*~F • f V
designate themselves, who manage the legal administration
this country ; mon who have worked themselves into reputatioi
with ancient maidens and decayed matrons, by gravity of deport
ment and church wardening piety, bnt who, all their lives, have
been discounting religion and the Diety into promotion and the
pay and plunder of office— those men, together with our Jrunv.
(the Solicitor- General,) have a suitable companion in Lord Sid-
mouth, and we should, instead of concessions, be prepared rathu
to expect borne other persecution, grounded, if possible, upon a
pretext still more absurd than that "pretence means purpose ;
that assertion, whish I dory an honest man, however credulous,
to believe.
From this ministry we expect nothing; let us be on our guard,
and cautiously watch their progress. As Lord Moira has been
their patron, they will endeavour to deceive him with a show ot
concession; but their object is to give a change to the question.
In its present shape it presses upon them with all the force of
present expediency, and all the weight of eternal justice,
they could entrap us into collateral discussions ; if they coul.i
entangle us in the chicanery of arrangements and sccuriticb, the
publi^ attention would be distracted and turned from the prin-
cipal object ; time worild be wasted in useless discussions ; ani-
mosities would be created upon points of little real importance,
and whilst the ministry practised the refinements of bigotry,
they would give themselves credit for unbounded liberality.
These are not imaginary fears ; the nature of the subject must
^onvince any man, that such was the design of an administratiorj
that had, for its only recommendations, intolerance and incapa
B1 Indeed, the indiscretion of the party already betrayed itself.
It is not twenty-four hours since a friend of mine had occasion
to converse with one of those right honourables, who did the
business of the Castle, who are always as ready to pack juries as
to obtain pardon for an assassin, or to write paragraphs m the
Patriot My friend said, "Why, you are going, 1 find, to eman-
cipate the Catholics at length." " We 1" replied the other « Oh,
no ! Canning's motion will entangle the rascals completely ; we
feliall easily get rid of them without committing ourselves."
Of those men, Lord Donoughmore has advised us to be dis
trustful. I beg leave to say more. Let us utterly disbelieve
DAST'ZL O'CONXELL, ESQ., M.P. 77
them. It is impossible that they can do anything for us ; they
would be false to themselves if they were true to Ireland. But
we are not without our resources ; we have them in ourselves ;
we have them in the liberality of our Irish Protestant brethren ;
we have them in the support of such men as the all-accomplished
Vernon, son to the Archbishop of York — as the honest and in-
dependent Robert Shaw. We have also a rich resource in the
eternal ridicule with which bigotry has lately covered itself in
the persons of its chosen apostles, Paddy Duignan and Jack
Giflfard ; but, above all, we are strong in the justice of our cause
and in the unextinguishable right of man, in every soil and cli-
mate, to unlimited liberty of conscience. Let us, however, ex-
pect nothing from the mere patronage of courts and ministers.
The advice given by a noble advocate of ours, to other slaves, in
a poem, that it is impossible to read without delight, is not in-
applicable to our situation : —
" Hereditary bondsmen ! know ye not,
Who would be free, themselves must strike the blov—
By their right arms the conquest must be wrought ;
Will Gaul or Muscortte redress you ?— No.
True, they may lay your proud despoilers low,
But not for you will freedom's altar flume.
Shades of the Helots ! triumph o'er your foe-
Greece change thy lords, thy state is still the same.
Thy glories all are o'er, but not thy years of shame.'
Yes, we must, after all, look to ourselves — to a perseverance
IQ a course of temperate, but firm exertion — to that blow which
we can strike on Prejudice by the force of Reason, and the un-
ceasing exhibition of our meritorious conduct.
It i« tn>e, that after common sense has overthrown every pre-
rence that there is anything in the Catholic religion hostile to
.oyalty or liberty ; another ground has been long since taken,
and from time to time revived, by the unhappy dulness of one
pedant or the other. It consists in an adnission that the Catholic
religion is quite innocent, and even laudable in other countries;
but that it acquires malignity from the soil on its transplanta-
tion into Ireland. In short that other Papists are innocent or
good ; but that Irish Papists are execrable.
This precious doctrine;has been dressed up anew, in sufficiently
bad English, and published in a pamphlet called a " Speech," by
tluit snug little Foster, who represents Trinity College in Parlia-
Dient. It is added, too, with most admirable consistency, that
the mass of the Iri*h Papists are quite indifferent to the question
78 SELECT SPERL'HES OF
of Catholic Emancipation. But see what the fact. is. Look t«
the liistory of the last six months for the contradiction of those
viie assertions. Why, the Protestants of Ireland had only to
aliow their wish to relieve us — they could do no more than ex-
press their inclination to set us free. The Union deprived them
ot the power to give us liberty ; but they declared it was our right,
a,ud they joined us in demanding it. What followed ? Why, in
the first place, a season of unexampled scarcity and distress in
both islands. In Ki^land there chanced to exist tumult, not,
destruction of property, murder, insurrection, and almost actual
rebellion. In Ireland there was seen tranquillity the most pro-
found, obedience the most perfect; pressed by famine and want,
goaded by insulting prosecutions, by arranged juries, by the
thousand other wrongs which I shall not name, the people of
Ireland have found abundant consolation in the single liberality
of their countrymen, and they have shown their sense of this libe-
rality by dutiful ani unbroken submission at those moments of
the greatest peril England has as yet known. Not a feather is ruf-
fled on the surface of our island. The Caravat and the Shanavest
seem to have forgotten their quarrels ; and every angry tone and
turbulent propensity is hushed by the presence of the spirit of
universal toleration.
In the meantime, the precious hours for peace and conciliation
are wasted — the genius of Napoleon, the star of his imperial
house, prevails. England, under the guidance of the venerated
name of Moira, has appointed an administration first rejected,
and then approved by parliament, for the appointment of which
Napoleon would have given millions. How he must rejoice to
see the parliament degrade itself by inconsistent votes — to see
the Dissenters and Catholics insulted by the nomination of Lord
Sidmouth to rule the Home Department — to see Walcheren
Castlereagh conducting our war counsels ; and, last and wonder-
ful, to see Lord Liverpool prime minister ! !
My lord, securities are wanting ; they are wanting for the last
refuge of public liberty — the only remnant of representative
government in Europe, ^.liey are wanting for the throne and the
people ; they are wanting against the folly, the incapacity, the
intolerance of the ministry — against the power and the talents of
the French Emperor. He, . . be sure, is absent for a season-
he is gone to Potersburgh, to receive the submission of a vassal,
or to dethrone an enemy. It is absurd to expect any othor re-
sult ; he will return with his hundreds of thousands to the con-
quest of Spain and Portugal. What can the unarmed bands 'if
DANIEL OCONNELL, ESQ., M.P. 7S
the one country, or our few companies in the other (though
braver spirits than our brothers and kinsmen there never graced
a field of fight) — what can they be able to do, overmatched by
myriads? And then, my lord — and then, in what condition shal,
those countries be found to fight the battle of our existence ?
It is to prepare for that dreadful moment, which is so steadily
jn its progress, that all my anxieties are roused. I should feai
it not, if a system of conciliation and mutual tolerance were
once adopted — if justice were distributed by the hand of con-
fiding generosity — if the persecutions ceased, and that the per-
secutors were removed — if Grey were prime minister, and Moira,
then restored to the hearts of his countrymen, were lord lieute-
nant. Every village would produce a regiment, and every field
serve for a redoubt. The Prince would then be safe and glorious ;
and the country, combined in its strength, would laugh to scorn
the power of every enemy.
This is a vision ; but it might have been realised. And why
has this prospect been closed ? Why ! — to preserve the household !
Oh, most degrading recollection ! My feelings overpower me —
1 must be silent,
CATHOLIC EMANCIPATION.
ON the 2nd of July, another aggregate meeting of the Catholics Aook place, to agree upon a
petition to be presented in the ensuing session.
That some change had occurred in their prospects within the brief interval since fheir
preceding meeting, will be evident from the extracts we are about to give from the news-
paper report*.
Lord Flngal, on taking the chair, congratulated the meeting on their case " being before
parliament, under the favourable consideration of the legislature, and certain of being ulti-
mately triumphant. . . . The bringing of the Penal Code under notice
was ensuring success to the Catholic cause; because it was impossible to consider its pro-
v,sions, without having the mind coerced to assent to its repeaS. He did not rejoice at
their improved prospects because of any peculiar benefit to himself; he did not rejoice ct
it as opening new hopes and expectations to the friends he saw about him, or to those vho
were now fighting the battles of England in Spain or Portugal ; his gratification sprung
from another source— from his anticipation of seeing the whole empire foe'., in secant y
and prosperity, the benefits of equal rights and undisturbed tranquillity."
His lordship was followed by Randal M'Donnell, who spoke nearly in the s«me strain
and strongly urged the necessity of continued and increased exertion on the part of the
Catholics to back up the efforts of their friends in parliament.
He was followed by Mr. O'Connell, who is thus reported in the Dublin Ev«ntnj Pott of
the 4th of July, 1812:—
Mr. O'Connell commenced by paying some very appropriate
compliments to the merits and exertions of the secretary to tin-
8(J SELECT SPEECHES OF
Catholics of Ireland, Mr. Hay — a gentleman to whom we owed
that tribute, as well from feelings of private friendship as from
motives of public gratitude. Mr. Hay had devoted his life to the
service of the Irish people, and refused to receive any other recom-
pense than what was to be found in the barren praises of hi?
countrymen.
After a panegyric on the public virtues of Mr. Hay, Mr.
O'Connell proceeded. He said the Catholics were assembled at
the most momentous period of their history. We have to con-
template a novel scene — the parliament of the United Kingdom,
after nearly twelve years of neglect or rejection, had at length
undertaken the consideration of our great cause. One branch of
the legislature, by a triumphant majority, resolved to investigate
the Penal Code of Ireland, with a view to its repeal ; and perhaps
before this hour, a similar resolution has been adopted by the
House of Lords.
The voice of the House of Commons was, at all events, certain.
In it the Irish people had a distinct pledge, that the .question of
their freedom was to be taken into consideration, for the purpose
of final adjustment, at an early period of the next session. The
House of Commons was unequivocally pledged to some measure
of Emancipation. The effect of this vote might perhaps be di-
minished, when it was recollected that, during the present ses-
sion the same honourable house had, more than once, rejected
all inquiry ; but times were altered, and we have now arrived at
what appears to be the first great step in the progress to com-
plete religious liberty. The preliminary to Emancipation is
over ; and Emancipation itself, full and entire, is the natural, if
not the necessary consequence.
Feeling, as I do, the great advance that has been made in this
natu-mJ cause, I cannot avoid declaring that I am happy and
rroud to concur with your lordship in all those sentiments of
conciliation and confidence which you have so powerfully recom-
mended. I rejoice, my lord, at our victory — not as the conquest
of one party over another, nor with the view to any triumph
over any other denomination of my countrymen, but because I
look upon it as a victory obtained by the combined activity of
all classes of Irishmen over their own prejudices, and over into-
lerance and illiberality. It is that species of victory that ought
to endear the Irish Protestant to the Irish Catholic, because it
has been obtained for the benefit of the latter — principally by
the exertions of the former. It is doubly dear, because it holds
but the prospect of mutual conciliation and mutual affection.
DANIEL O'CONXELL, ESQ., M.P. 8T
I, too. my lord, am reiulv to confide — I am ready wl Mi you to
confide in the great and growing liberality of the British nation,
in the pledge of the honourable house, in the promised vote of
the lords, in the facility of the administration to abandon all
former notions, and to comply with the temper of the times. —
But let me conjure the meeting to place its first and principal
reliance in the determined spirit and unalterable resolution to
persevere until emancipation shall be complete, never to relax
their efforts until religious freedom is established.
I may, without any allusion to its military import, which T
dislike, remind my countrymen of the advice of Cromwell to hig
soldiers. The night was wet, and they as usual were engaged in
prayer. " Confide," said he, "in the. Lord — put all your trust
and confidence in the Lord — but be quite sure tc sleep upon your
matchlocks" (Laughter and loud cheering.)
Such, my lord, is the confidence we ought to entertain at
present. In truth, every circumstance suggests caution — and
he knows little of human nature who reposes with too implicit
a belief upon the ptoinises of any administration — and he 1ms
read history to little purpose, who does not doubt of the fair
professions of newly-converted enemies. It is for this that his-
tory is useful. Its lessons may be neglected, and the consequence
will be just what we. see in the great affairs of the nation — dis-
tress, embarrassment, and permanent difficulty, produced by the
miserable repetition of temporary expedients. The history of
the Irish Catholics warns us to be cautious how we shall pro-
ceed. Within the last twenty years there were no less than
three different periods at which the Catholics might have been
emancipated, if a combination of exertion had been used.
Twenty years, however, have passed away, and we are still
slaves. My days, the blossom of my youth and the flower of
my manhood have been darkened by the dreariness of servitude.
In this my native land — in the land of my sires — -I am degraded
without fault or crime, as an alien and an outcast. We do not,
my lord, deserve this treatment. We are stamped by the Crea-
tor with no inferiority ; and man is guilty of injustice when he
deprives us of our just station in society. I despise him who
can timidly and meanly acquiesce in the injustice. Oh, let us
nt length seize this opportunity of abolishing the oppression
for ever.
To avoid failure at present, let us see whether we can discover
ho'.v the Catholics failed before. The first occasion upon which,
within these last twenty years, the entire Emancipation might
82 ELECT SPEECHES OF
have been obtained, was in the year 1793. In that year great
concessions were certainly made — great boons were extorted fro^c
nn adverse and very unwilling government ; but the principle
of servitude, and many galling and insulting restrictions
remained. And why were they suffered to remain ? Simply,
because the Catholics were not sufficiently combined amongst
themselves, and sufficiently determined.
I reproach none of the actors in the Catholic cause at that
period ; many names dear to freedom were amongst their popu-
lar leaders — treachery there was, I am sure, none — deceit there
was, I am convinced, none ; but leaving, as they did, so many
weighty chains and oppressive restrictions, there certainly was a
miserable failure of the one great object — the simple repeal of
the acts restrictive of religious liberty. The Catholics, then,
were supposed not to seek for the abolition of every penal law ;
they were supposed to be ready to consent to something short
of that great measure ; they were then, or had lately been,
much divided amongst themselves, and the result was, that dis-
traction in their counsels, and that dexterity in their enemies,
which have ever since postponed the day of freedom.
The second occasion on which the Catholics might have been
emancipated was the Union — but at that period, also, the Catho-
lics were much divided amongst themselves — the reign of Robes-
perian terror still prevailed, and the voice of the Irish people
was stifled. We thought and acted differently upon this melan-
choly subject, and, amidst the bitter anguish which the memory
of my extinguished country excites, I have consolations both
personal and public. First, because the opposition to the Union
was, (and I thank my God for it,) the first act of my political
life ; and, secondly, I feel some comfort that the Catholics did
not barter the constitution of their native land for advantages
to themselves. I blame no person for the failure of emancipa-
tion on that occasion ; on the contrary, I proudly rejoice that
the Catholics, even those of them who supported that balef.il
and degrading measure, despised any idea of trafficking upon,
or profiting by the miseries of Ireland.
My lord, all the Catholics are free from the guilt of having
participated in the sale of their country; and this benefit result s
that they are bound by no contract to continue their thraldom.
Nay, the existence of the penal code is soothed by t/ie recollection,
that in the eforts made to procure redress, a popular spirit is
roused, which, if not soon laid by the voice of emancipation, may
generate a determination to reanimate the fallen constitution I
DANIEL Of CONN ELL, ESQ., M.P. $&
The third, and last period, at which the Catholics might nave
been emancipated, occurred since I had the honour to bo an
humble lanourer in the Catholic cause ; it was the commence
ment of Mr. Fox's administration. The year preceding, Mr.
Fox had most powerfully supported our claims in the House of
Commons ; he supported them, not upon any narrow view of sect
or party, but upon the great principle of universal toleration — on
that principle, which, in our country, would repeal her test and
corporations' act, and secure the uncontrolled freedom of religion?
worship and belief, in every climate, and to every cast and colour.
I believe, my lord, you were present at the liberal and manly
declarations made by Mr. Fox, at a meeting of our delegates,
some days previous to the introduction of our first, petition tc
the imperial parliament. — [Lord Fingal said he was not present
at that meeting.] Well, my lord, Mr. Scully certainly was :
we heard him say so no later than yesterday ; and when I mention
his name, I know I can use no authority more likely to obtain
the full belief and confidence of the Irish people. (Loud cheery.)
Mr. Scully was present as a delegate at those declarations, when
Mr. Fox proclaimed the restrictive code as a crime — religious li-
berty as a right. " I cannot," said that enlightened man, " 1
cannot consent to become your advocate unlese you are ready
to concede to all other sects, the toleration you require for your-
selves." " We should be unworthy to obtain it, could we hesi-
tate to accede to your terms ; we would gladly bestow on all
mankind what we ask for ourselves," was the reply.
Upon this avowed principle, in 1805, Mr. Fox supported the
claims of tiie Catholics: in 1806, that very Mr. Fox became,
minister. What could have prevented that principle from being
carried into action 1 The Catholics did not call for it ; a mis-
taken confidence occasioned them to allow the only decisive mo-
ment to elapse ; they did not press their claims. If I am asked
the question, why ? alas ! I cannot tell. I was myself, one of
the actors of the national drama, and yet I am quite ignorant
why it was that we did not then insist upon the recent pledge
being redeemed. I can only account for it by drawing upon th<
unsuspecting credulity of the Irish heart. The administration
declared itself friendly, and we believed ; they made professions,
and they obtained confidence ; the noble generosity of the Irish
disposition could not bear to doubt where it entertained affeo
tion ; or, perhaps, the very novelty of the voice of* kindness ii*d
its oharms. The Irish had been so long used to obloquy a^d
harshness, that they received as a boon, deserving of gratitude.
fti SELECT SPEECHES OF
the mere language of conciliation. The result was, that the fa-
vourable moment of compelling that administration cither to
smancipate or to resign, was passed by, and our servitude cor>
tinues'to this hour.
Let us profit by those lessons — from the errors of those pe-
riods ; let our present conduct be free ; our course is plain and
?imple. It consists not in relaxing, but in redoubling our efforts*
— in pressing forward again as a people should do who deserve
liberty. Let us enter into no collateral discussions, no dishon
curable stipulations. Under the banner of " The Simple Re-
peal," Ireland has already once gloriously triumphed. It is a
word of good omen. Perhaps she is fated again to progress in
the cause of her freedom, under the same standard. "The Sim-
ple Repeal" should be re-echoed from north to south, from eas*
to west ; and should we again fail, we shall, at least, have the
consolation to know, that we deserved success, and that the fail-
ure cannot be attributed to UB.
But shall we fail ? Think you are we to owe our freedom to
Lord Castlereagh and to Lord Sidmouth ? Let us, my lord, be-
ware of raising too high the expectations of the country. In
•such a people as the Irish, the effects of disappointment may be
terrific. They are too apt to believe that which they wish.
They are too prone to rely ; and when the hour of political
treachery has come ; when the promised "graces" are withdrawn
from light, the sudden violence of disappointed expectation is
not likely to be controlled by the influence of reason. .Already
we have seen the effects of blasting the hopes of the Irish people.
In the year 1794, Lord Fitzwilliam arrived in Ireland, with con-
ciliation and Emancipation in his train ; he proclaimed our free-
dom as at hand ; the Irish parliament sung responsive ; there
was not a dissentient voice ; unanimity prevailed in both houses ;
the Catholic Bill was actually brought in under the most favour-
able auspices ; if it had passed, the Union was hopeless. Mr.
Pitt, who prepared for that measure from a distance, saw the ne-
cessary consequence of abolishing religious dissensions in Ireland ;
the promised liberality was withdrawn ; Lord Fitzwilliam was
recalled ; and, in the space of one short month, that very parlia-
ment which bid the Catholics arise to freedom, and the country
to concord, declared, that dissensions should be perpetual, and
slavery eternal.
History relates the sequel. In a short time the land was de-
luged by native blood, and rebellion reared its horrid crest. My
•I.o»** Castlereagh interposed. , and terminated the j^ene.
IMXIEL O'OOXNELL, ESQ., M.P. gg
in;.,' to the plot of the original projectors, by the Union. That
same Castlereagh again governs. Is it safe, my lord, is it pru-
tlent, to exaggerate the people's hopes, to give them anything
like a certainty, which may meet nothing but disappointment ?
Let us spare our country from the horrid consequences of out-
raged feelings. This is the last resort of public liberty in Europe
— the only country where the sword alone, the tyrant's law, does
not prevail. I, my lord, for one, am determined not to survive
the representative system of government in this country. Surely
we ought not to endanger it, by rousing those angry passions which
must result from betrayed confidence. We should warn the peo-
ple not to believe over much those who are hackneyed in dupli-
city and treachery.
The opposition to Catholic Emancipation has assumed a new
shape ; bigotry and intolerance have been put to the blush, or
covered with ridicule ; every body laughs at Jack Giffkrd and
Paddy Duignan; and their worthy compeer and colleague in
England, Sir William Scott, does no longer venture to meet,
with adverse front, the justice of our cause. He may, induc-ti.
talk of setting our question at rest — he may declaim upon the
moral inferiority of the Irish Catholics; but let him rest assure- i,
that so long as his children — if he have any — so long as the
swarthy race of his Scotts are placed, by law, on any superiority
to the Irish Catholics, so long will it be impossible to put the
question to rest. It never can — it never shall rest, save in un-
qualified, unconditional Emancipation. As to the moral inferi-
ority, I shall not dispute the point with him, but I trust no
Catholic judge will ever bo found in this country with such an
accommodating disposition as to decide the precise same question
in two different ways, as we are told that learn d. gentkjian has
dene, with the question of " paper blockades." Let nim, 1 am
sure I consent, direct his sapient opposition, in hi& present pru-
dent course of retarding the discussion of the right and justice
of our claims, by introducing othei topics. The points of' delay
— the resting places are obvious ; And when the present are ex-
hausted, I rely on the malignity of our oppressors to invent ne*
terms for this purpose.
First, there was the Veto— thut, indeed, was Boon put down
by the unanimous voice of the Catholic people, who. besides
other reasons, really could not see, in the actual selection madu
by the Irish government of persons to fill the offices belonging
of right to them, anything to tempt ti m to confer on tka
government the noniinatijn of upwards . thirty other oilicos »'f
86 SELECT SPEECHES 0*
emolument and honour. If hostility to the Irish people be a
recognized recommendation to ail other employments, is it likely
that, in one alone, virtue and moral fitness should obtain the ap-
pointment ? It was too gross and glaring a presumption in an
administration, avowing its abhorrence for every thing Irish, to
expect to be allowed to interfere with the religious discipline of
the Irish Catholic Church.
Driven from any chance of the Veto, our enemies next sug-
gested " the arrangement," as it was called ; but this half ru^
sure had but few supporters. It was not sufficiently strong for
the zealcus intolerants ; its advantages were not so obvious to
the profligate ; it was met by this plain reply — that we knew of
no real inconvenience that could possibly arise from the present
system of the government of our church ; but if any existed, it
were fitter to be treated of by the venerable prelates of that
church, who understand the subject best, than by ministers who
wished to turn every thing into an engine of state policy.
" The arrangement" was then soon forgotten, and now, my lord,
we have new terms stated — those are " sanctions and securities."
.We are now told we cannot be emancipated without "sanctions
and securities." What, are " sanctions t" They are calculated,
1 presume, to do a great deal of mischief, because they are quite
unintelligible. A.S to " securities," indeed I can understand
that word ; and I am quite ready to admit that securities are
necessary; they are necessary against the effects upon a passive,
but high-minded people — of continued insult and prolonged op-
pression. They are necessary, in a sinking state, tigahist the
domestic disturbances and organized disaffection which prevail
in England — against the enormous and increasing power of the
enemy — against dilapidated resources, expiring commerce, depre-
ciated currency, and accumulating expenditure — against the folly,
the incapacity, the want of character of the administration —
against all those evils of which there is courage to speak — against
that domestic insult, respecting which it is prudent to be silent
— against all these, " securities" are necessary, and they are easy
to be found — they are to be found in conciliation and emancipa-
tion— their rectitude and justice. The brave, the generous, tht
enthusiastic people of Ireland are ready to place themselves ir
the breach that has been made in their country ; they claim the
post of honour, that is, the post of utmost danger ; they are ready
to secure the throne and the constitution, and all they require
iii return is, to be recognized a« men and human beings in
ilieir native land.
DANIEL O CONNELL, ESQ., M.P. 87
Do not, then, I would say to any minister— do not presume
lo insult them, by attempting to treat them as maniacs, to be
secured only by ropes and chains. Alas ! their only insanity is
taeir devotion to you. Tell them not that the more they are
free the less will they be grateful ; tell them not that the less
you have to fear from their discontent, the more strictly will
you bind them. Oppress them if you please, but hesitate before
you deem it prudent thus to insult their first, their finest feelings.
Having disposed of " Veto, arrangement, sanctions, and secu-
rities," there remains but one resource for intolerance ; the
classic Castlereagh has struck it out ; it consists in — what do
you think? Why, in "hitches." Yes, "hitches" is the ele-
gant word which is now destined to protract our degradation.
It is in vain tLat our advocates have increased ; in vain have
our foes been converted ; in vain has William Wellesley Pole
become our warm admirer. Oh, how beautiful he must have
looked advocating the Catholic cause ! and his conversion, 100,
has been so satisfactory — he has accounted for it upon such
philosophic principles. Yes, he has gravely informed us that
he was all his life a man detesting committees j you might bet
hv him that the name of a committee discomposed his uervuH
di»U excited his most irritable ieelings ; at the souu.i of a com-
mittee he was roused to madness. 'Now, the Catholics taJ
insisted uuon au.ing by a committee, tko naughty Papists h;u!
•isea nothing but profane committees, and, of course, he pro-
claimed his hostility. But in proportion as he disliked com-
mittees, so did he love and approve of aggregate meetings--
respectable aggregate meetings ! Had there been a chamber at
the Castle large enough for an aggregate meeting he would have
£>iven it. Who does not see that it is quite right to doat upon
aggregate meetings and detest committees, by law, logic, philo-
sophy, and science of legislation ? All recommend the one and
••ondemn the other ; and, at length, the Catholics have had the
good sense to call their committee a board, to make their aggre-
gate meetings more frequent. They, therefore, deserve Eman-
cipation ; and, with the blessing of God, he (Mr. Polo) would
confer it on them ! (laughter and cheers.)
But, seriously, let us recollect that Wellesley Pole is the bro-
ther of one of our most excellent friends — of Marquis Wellesley,
who had so gloriously exerted himself in our cause — who haa
o» an fully abandoned one administration because he could not
/>rocur«? our liberty, and rejected power under any other, unless
on the basis of Emancipation ; and who had, before
SELECT 8PEECHK8 OF
this Lour m which I speak, earned another unfading laurel, and
the eternal affection of the Irish people, by his motion in the
House of Lords. The eloquence and zeal and high character of
that noble marquis seemed all that was wanting to ensure, at no
remote period, our success. He knows little of the Irish heart
who imagines that his disinterested services will ever be forgot-
ten ; no, they fire graved on the soul of Irish gratitude, and will
ever live in the memory of the finest people on the earth. Lord
Castlereagh, too, has declared in our favour, with the prudent
reserve of " the hitches ;" he is our friend, and has been so these
*ast twenty years — our secret friend — as he says so, upon his
honour as a gentleman, we are bound to believe hrm. If it be a
merit in the minister of a great nation to possess profound dis-
cretion, this merit Lord Castlereagh possesses in a supereminenf
degree. Why, he has preserved this secret with the utmost suc-
cess. Who ever suspected that he had such a secret in hi?
keeping 1 The whole tenor of his life, every action of his nega-
tived the idea of his being our friend ; he spoke against us — he
voted against us — he wrote and' he published against us ; and it
turns out now that he did all this merely to show how well he
could keep a secret. Oh, admirable contriver ! oh, most success-
nil placeman ! most discreet and confidential of ministers !
But what are his " hitches f They constitute another
" secret." I think, however, I understand them. In the morii-
ing papers of this day, there appeared a call upon the Protest-
ants of the county of Sligo to come forward in support of the
Establishment. It looks like the tocsin of intolerance ; the
name signed to it is John Irwin. Who this person is I know
not, and I have not had time to inquire. If he be an Irish
Protestant gentleman of independence, 1 respect, whilst I pity
his errors and his prejudices ; I would apply no other remedy
to him but the voice of mild reasoning and argument, shaped
by the spirit of conciliation. If he be an hireling of the adin
nistration, and that this is the first demonstration of the
" hitches," I proclaim his miserable attempt to the contempt ol
the enlightened Protestants of Ireland — its fate is certain ; the
government may give it a wretched importance, but they never
caa afford it strength : they may give it " sanction," but they
cannot procure " security" for bigotry. The Protestants, Pres-
byterians, and the Quakers of Ireland, have too recently evinced
the noble liberality' of their sentiments — their sense of or.r
wrongs, and their sympathy in the sufferings of their brethren,
who are, in tLeir turn, ready to die in their defence. The
DANIEL O'COtftfELL, ESQ., M.P
Protestants of every denomination are too just and ten wise to
be duped into the yell of bigotry. The result of the attempt is
certain. Even in 1792, when intolerance stood in formidable
array, a similar effort to stem our cause only covered the projec-
tors and actors with immortal ridicule. Mr. Byrne and Mr
Keogh proceeded then as we shall now proceed ; and we have
the advantage of being cheered by the great majority of those
very Protestants whom the intolerants seek to dispose against us
I said I understood Castlereagh's " hitches," and I proclaim
this as one of them ; I know, too, we shall have new persecu-
tions. Our legal persecutors, who hunt us with a keenness only
increased by their disappointment, and rendered more rancorous
by our prospect of success— good and godly men— are at this
moment employed in projecting fresh scenes of persecution.
Every part of the press that has dared to be free will surely be
punished, and public spirit and liberality will, in every case that
can be reached by the arts of state persecution, expiate its offence
in a prison. Believe me, my prophetic fears are not vain : I
know the managers well, and place no confidence in their holy
seeming. Again, England affords another opportunity of extend
ing the "hitches," under the pretence of making laws to prevent
rebellion there ; the administration will suspend the habeas cor-
pus, for the purpose of crushing emancipation here ; and thua
will illustrate the contrast between the very words which would
require twelve simpletons to swear meant the same thing. The
new laws occasioned by English rioters will pass harmless over
their heads, and fall only upon you. It would be inconsistent
if Castlereagh, the worthy successor of Clare and John Foster,
used any other plan towards Ireland. The "hitches," the
" hitches," plainly mean all that can be raised of venal outcry
against us, and all that can be enacted of arbitrary law, to pre-
vent our discussions.
Still, still we have resources — we have rich resources in those
affectionate sentiments of toleration which our Irish Protestant
brethren have proudly exhibited during the present year. The
Irish Protestants will not abandon or neglect their own work ; it
is they who have placed us on our present elevation — their sup-
port has rendered the common cause of our common country trium-
phant. Ouroppressors, yieldingan unwilling assent to the request of
the Protestants of Ireland, may compensate themselves by abus-
ing us in common ; they may style us agitators— Mr. Cannin*
wills us agitators with ulterior views— but those Protestant ag^
'ators are the heat friends to tlifl security and peace of th« ro
SELECT SPEECHES Ot
try • and to us, Popish agitators— for I own it, my lord, I am
W Utator, and wt solemnly promise to continue so, until
the period of unqualified emancipation— until "the simple
repeal" As to us, agitators amongst the Catholics we are
become too much accustomed to calumny to be terrified at H
but how have we deserved reproach and obloquy How have
we merited calumny 1 Of myself, my lord, 1 shall Ray nothing
-I possess no talents for the office ; but no man shall prevent
the assertion of my rigid honesty. I am, it is true, the lowliest
of the amtators ; but there are, amongst them, men of the first-
v^S, and of arnpb fortunes-men of the most ancient
families and of hereditary worth— men of public jpint and of
±ale Virtue ; and, abov'e all, men of persevering, nndaun^,
and unextinguishable love of their country— ci their poor
degraded, insulted countr^-to that country wall I say of all
•S agitators, with the exception of my humble sell
" Boast, Erin, boast them tameless, frank, and free."
Out of the hands of those agitators, however, the govcru-
m,5nt is desirable to take the people, and the government >«
ri^ht Out of the sphere of your influence, iny lord, the people
can never be taken, for reasons which, because Jou are present
J shall not mention, but which are recognised by the hearts of
the Irish nation. (Loud cheering.) But out of our hands the
people may easily be taken. They are bound to us only by the
ties of mutual sufferings and mutual sympathies. We are the
mere straws which are borne upon the torrent of public wrong*
*nd public griefs. Restore their rights to the people-concili-
ate the Irish nation, which is ready to meet you more than half
wav and the power of the agitators is gone m an instant,
certainlv feel the alarm expressed at the agitation of the question
of Catholic rights as a high compliment ; it clearly points out
the course weight to pursue. Let us rouse the nsh people,
from one extreme to the other of the island m this constit
'ional cause. Let the. Catholic combine with the Protestant,
and the Protestant with the Catholic, and one generous exertion
"to every angry feeling at rest, and banishes, for ever, dissension
Idiv'Bion The temptation to invasion will be taken away
from the foreign enemy-the pretext and the means of interim
commotion will be snatched from the domestic foe— our country,
cTbLd in one great phalanx, will defy every assau It and we
.hall have the happiness of obtaining real security, by that course
ot cor-ciluiion, w»U curves the aDprohatiou of every sound
DANIEL O'CONNELL, ESQ., M.P. j)J
judgment, and must ensure the applause of every feeling heart—
o^ ? aU haQOur °n ourselves, and ensure the safety of
our country.
THE "NO-POPERY" CRY.
^anfa 1^°^" **""* ab°Ut thIS time arOU*ed the Cat^*
and a resolution was passed to the following effect :-
to be deprecated and resisted Proposition, or some other equally
Pies, from the passin of the *
vrlth the proceedings of the Catho™ Z-^ Cin ^nnd^T h "" ^^ C°DCU1Tence
cause, in the next session of parliament -cratitud/^ I T* 6 SUCCCSS of the
aversion to the idea of what we?e called «sec^e"» Ln* ^ • " that ^"^
?^i^si?: «- - =^^T±±sfe
^M^MS^^
our long--cherished hopes that th«f ?ll f .laratlous lu Parliament revive
SELECT SPEECHES OT
« That at a time when continental Europe ia Yielding her last sigh,
snd all the rivulets of rational liberty are nearly lost m the flood of tin*
*e~sal domination ; and when these countries, the last refege of European
freedom, are threatened with no less than total anmhiktion, we co*
Ser the continnance of political disabilities as tending to paralyze the
enries of the state, and to further the views of our implacable enemy.
"^ WftSB£ consider, that it would be a criminal apathy in us,
at this perilous crisis, to cease our earnest application to the legislature,
Jo embr^e, within the >rotection of equal laws, all and every description
of his Majesty's subjects.
« That having, with regret, observed a design to mar the progress
of our just claims, by proportions intended solely to raise alarms against
us, we feel called upon to declare to the empire and to the worl -
« That we will enter into no compromise for our rights, incompat
with the integrity of our religion.
« That the best security we can give, is our attachment to the con-
•titution, which we are solemnly and irrevocably sworn to defend-on
proved invariable fidelity to the laws, gnaranteed by our properties, our
Hves, and the very principles of the religion we profess.
These, with other resolution* were seconded *jr *r A. F. O'Neill, and l*ssed unani-
m°C±sellor O'Connefl then rose, (add. the Li*™* £~»*g ** ^ose report we
SSbsjs^^
^SSSSSSSS^ WM cheered, alzno-t at the d~ of erery sentence, with loud and
mpturous applause :—
T feel it my duty, as a professed agitator to address the meet-
mr It is merelv in the exercise of my office of agitation, that
I think it neceskry to say a few words. For any purpose of
illustration or argument, further discourse is useless : he
topics which the Resent period suggested, haTe been treated of
with sound judgment, and a rare "^^^^ b7 ^ ^
8pected and talented Mend (Mr. Roche); all 1 shall do is, to add
a few observations to what has fallen from that gentleman ; and
whilst I sincerely admire the happy style in which he ^treated
*ose subjects, I feel deep regret at being unable to imitate his
excellent discourse. rv+i^
And, first, let me concur with him m congratulating the Catho-
lics of Limerick on the progress our great sause has made smca
we were last assembled. Since that period our cause has not
rested for support on the efforts of those alone who were imme-
diately interested; no, our Protestant brethren throughout tho
land have added their zealous exertions for our emancipation.
Thev have, with admirable patriotism, evinced their desire to
conciliate by serving us, and 1 am sure I do but justice to the
DANIEL O'CONNELL, ESQ., M.P. 93
Catholics, when I proclaim our gratitude, as written on our
hearts, and to be extinguished only with our lives. (Hear, hear.)
Nor has the support and the zeal of our Protestant brethren
been vain and barren. No, it has been productive of great and
solid advantages ; it has procured, for the cause of religious
liberty, the respect even of the most bigoted of our opponents ;
it has struck down English prejudice ; it has convinced the mis
taken honest ; it has terrified the hypocritical knaves ; and
finally, it has pronounced for us, by a great and triumphant
majority, from one of the branches of the legislature, the distinct
recognition of the propriety and the necessity of conceding jus-
tice to the great body of the Irish people. (Hear, hear, hear.)
Let us, therefore, rejoice in our mutual success; let us rejoice
in the near approach of freedom ; let us rejoice in the prospect
of soon shaking off our chains, and of the speedy extinction ot
our grievances. But above all, let us rejoice at the means by
which these happy effects have been produced ; let us doubly
rejoice, because they afford no triumph to any part of the Irish
nation over the other — that they are not the result of any con-
tention amongst ourselves ; but constitute a victory, obtained
for the Catholics by the Protestants — that they prove the libe-
rality of the one, and require the eternal gratitude of the other
— that they prove and promise- the eternal dissolution of ancient
animosities and domestic feuds, and afford to every Christian and
to every patriot, the cheering certainty of seeing peace, harmony,
and benevolence prevail in that country, where a wicked and
perverted policy has so long and so fatally propagated and en-
couraged dissension, discord, and rancour. (Loud cheering.)
We owe it to the liberality of the Irish Protestants — to the zeal
of the Irish Presbyterians— to the friendly exertion of the Irish
Quakers ; we owe, to the cordial re~union; of every sect and de-
nomination of Irish Christians, the progress of our cause. They
have procured for us the solemn and distinct promise and pledge
of the House of Commons — they almost obtained for us a similar
declaration from the House of Lords. It was lost by the petty
majority of one — it was lost by a majority, not of those wiiu
listened to the absurd prosings of Lord Eldon, to the bigoted and
turbid declamation of that English Chief Justice, whose senti-
ments so forcibly recal the memory of the star-chamber ; not
jf those who were able to compare the vapid or violent folly of
the one party, with the statesman-like sentiments, the profound
arguments, the splendid eloquence of the Marquis Wellesley.
(Hear, hear.) Not of those who -heard the reasonings of our
94 SELECT SPEECHES OK
ether illustrious advocates ; but by a majority of men who acted,
upon preconceived opinions, or, from a distance, carried into
effect their bigotry, or, perhaps, worse propensities — who availed
themselves of that absurd privilege of the peerage, which enables
those to decide who have not heard — which permits men to
pronounce upon subjects they have not discussed — and allows a
final determination to precede argument. (Hear.)
It was not, however, to this privilege alone, that our want oi
-success was to be attributed. The very principle upon which
the present administration has been formed, was brought into
immediate action, and with success ; for, in the latter periods of
the present reign, every administration has had a distinct prin-
ciple upon which it was formed, and which serves the historian
*o explain all its movements. Thus, the principle of the Pitt
administration was — to deprive the people of all share in the
government, and to vest all power and authority in the crown.
In short, Pitt's views amounted to unqualified despotism. This
great object he steadily pursued through his ill-stared career. It
js true he encouraged commerce, but it was for the purposes of
laxation ; and he used taxation for the purposes of corruption ;
Ae assisted the merchants, as long as he could, to grow rich, and
they lauded him ; he bought the people with their own money,
2nd they praised him. Each succeeding day produced some
lew inroad on the constitution ; and the alarm which he excited,
*y reason of the bloody workings of the French revolution, en-
abled him to rule the land with uncontrolled sway ; he had be-
queathed to his successor the accumulated power of the crown —
power which must be great, if it can sustain the nonentities of
1he present administration. (Loud and continued cheering.)
The principle of Pitt's administration was despotism — the
principle of Perceval's administration was peculating bigotry-^
oigoted peculation ! In the name of the Lord he plundered the
people. (A laugh.) Pious and enlightened statesman ! he
would take their money only for the good of their souls. (Bursts
of laughter.)
The principle of the present administration is still more ob-
vious. It has unequivocally disclosed itself in all its movements
— it is simple and single — it consists in falsehood. Falsehood is
the bond and link that connects this ministry in office. Some
of them pretend to be our friends — you know it is not true — >
.hey are only our worse enemies for the hypocrisy. They declare
ihat the Catholic question is no longer opposed by the cabinet
-that it is left to the discretion of each individual retainer,
DANIEL O'CONNEU,. ESQ., M.p. 3.
The fact is otherwise— and their retainers, though not com
manded, as formerly, are carefully advised to vote against us
The minister, Lord Castlereagh, is reported to have said iu
the H,,use of Commons, that in the rear 1707 and 1798 there
WM no torturs in Ireland to the knowledge of government ! Is
it really possible that such an assertion was used ? You hear
t w,th astonishment. All Ireland must shudder, that any
man could be found thus to assert. Good God ! of what m*te
mis must that man be made who could say so? I restrain my in"
d.gimt.on-I withhold all expressions of surprise-the simpte
statement that such an assertion was used, exceeds, in reply the
strongest language of reprobation. But there is no man so stu"
pid as not to recognise the principle which I have so justly at
tnbuted to this administration. *
What! No torture! Great God! No torture! Within the
walls of your city was there no torture! Could not Colon,
Vereker have informed Lord Castlereagh, that the iash resound" j
m the streets even of Limerick, and that the human groan as-
*uled the weaned ear of humamty ? Yet, I am ready to ghe
the gallant colonel every credit he deserves ; and, therefore I
reca to your grateful recollection the day when he risked Hi
0,1 FT*0"6 °f the in8t™*its of torture. (Hear, hear
steels of y^rdt^theler^anfofh4 ** "* tnie' that in th«
I10*, t^."Ied-:whethe,r he Ta.s "<* tortured Ist'for'The
ure rs, r te
T * KaVmg exPressed a s'ngle sentiment of compassion
" aUSe C°10nel Verek^ interfered ^ him. '
hear)
wh Wh* ^T !S ^ a,ddit,ional fert- w«ch is not so generally known,
f have' C^^^ll^*^ himself does not k^ow, and which
learned from a h,ghly respectable clergyman, that this sad
«ct,m of the system of torture, which Lord Castlereagh denied,
tw' t\ « me JaS 6Cour8ed' in an infirm state of health-
hat the floggmg inflated on him deprived him of all understand,
mg, and that within a few months he died insane, and without
having recovered a shadow of reason (Hear )
96 SELECT SPEECHES OP
constables, and the Orange lodges ; that the shrieks of the tor-
tured must have literally resounded in the state apartments of
the Castle ; and that along by the gate of the Castle yard, a hu-
man being, naked, tarred, feathered, with one ear cut off, and the
blood streaming from his lacerated back, has been hunted by a
troop of barbarians !
Why do I disgust you with these horrible recollections'? You
want not the proof of the principle of delusion o-n which the pre-
sent administration exists. In your own affairs yen have abun-
dant evidence of it. The fact is, that the proxies in the Lords
would never have produced a majority even of one against Lord
Wellesley's motion, but for the exertion of the vital principle of
the administration. • The ministry got the majority of one. The
pious Lord Eldon, with all his conscience and his calculations,
and that immaculate distributor of criminal justice, Lord Ellen-
borough, were in a majority of one. By what holy means think
you? Why, by the aid of that which cannot be described in
dignified language — by the aid of a LIB — a false, positive, palpa-
ble LIE !
This manoeuvre was resorted to— a scheme worthy of its author?,
—they had perceived the effects of the manly and dignified reso-
utions of the 18th of June. These resolutions had actually ter-
rified our enemies, whilst they cheered those noble and illustrious
Mends who had preferred the wishes and wants of the people of
Ireland to the gratification of paltry and disgraceful minions. The
manoeuvre — the scheme, was calculated to get rid of the effect of
those resolutions, nay, to turn their force against us, and thus
was the pious fraud effected. (Hear.)
There is, you have heard, a newspaper, in the permanent pay
of peculation and corruption, printed in London, under the name
of the Courier, & paper worthy the meridian of Constantinople,
at its highest tide of despotism. This paper was directed to as-
sert the receipt of a letter from Dublin, from excellent authority,
declaring, I know not how many peers, sons of peers, and baro^
nets had retracted the resolutions of the 18th of June ; that those
resolutions were carried by surprise, and that they had been ac
tually rescinded at a subsequent meeting.
Never did human baseness invent a more gross untruth ; never
did a more unfounded lie fall from the father of falsehood; never
did human turpitude submit to become the vehicle of so "glaring"
a dereliction of truth. But the Courier received its pay, and it
was ready to earn the wages of its prostitution. It did so i*
published the foul falsehoods, with the full knowledge of their lalse-*
DANIEL O'CONNELL, ESQ., M.P. 97
nood; it published them in two editions, the day before and the
lay of the debate—at a period when inquiry was useless— when
a contradiction from authority could not arrive ; at that moment
tins case trick was played, through the intervention of thai
newspaper, upon the British public !
Will that public go too far, when they charge this impure
Btratagem on those whose purposes it served ? Why even ir
this country, the administration deems it necessary to Vive for
the support of one miserable paper, two places-one of five, and
the other of eight hundred a year— the stamp duty remitted—
the proclamations paid for as advertisements— and a permanent
bonus of one thousand pounds per annum ! If the bribe here be
so high what must it be in England, where the toil is so much
greater? And, think you, then, that the Courier published un-
sanctioned by its paymasters, this useful lie?
^ I,CT\n°W *2 thejnext 8td£e in the system of delusion : it is
that which my friend, Mr. O'Neil has noticed. He has power-
folly exposed to you the absurdity of crediting the ministerial
newspapers, when they informed you that the member for Lime-
rick had stated in the House of Commons, that the commercial
interests of Limerick were opposed to the Catholic claims. Sir
for my part, I entirely agree with Mr. O'Neil ; I am sure Colo-
nel \ ereker said no such thing ; he is a brave man, and, there-
fore a man of truth ; he is probably a pleasant friend, and he
has those manly traits about him, which make it not unpleasant
to oppose him as an enemy ; I like the candour of his character
and our opposition to him should assume the same frankness,
and openness, and perfect determination. He well knows that
hiSdfjrt! r ^V°mmfCial int<*ests of Limerick is in the
hands of the Catholics-that the Quakers of Limerick, who pos-
sess almost the residue of the trade, are friendly to us, and that,
™th the excep ion of the "tag, rag, and bob-tail" of ihe corpo-
ration—(loud laughter) there is not to be found amongst the
men who ought to be his constituents, a angle exception to li-
berality. (Repeated applause.)
There remains another delusion; it is the darling deception
of this ministry-that which has reconciled the toleraJn of
Lord Castlereagh with the intolerance of Lord Liverpool • it is
that which has sanctified the connection between both and the
place-procuring, prayer-mumbling Wilberforce ; it consists in
•nirfiofu and securities. The Catholics may be emancipated, say
ministers in public, but they must give securities; by secuntie*
aay the same ministers in private, to their supporting bigots' w«
98 SELECT SPEECHES UP
mean nothing definite, but something that shall certainly be in-
consistent with the Popish religion — nothing shall be a security
which they can possibly concede — and we shall deceive them and
secure you, whilst we carry the air of liberality and toleration
'Hear.)
And can there be any honest man deceived by the cant and
cry for securities ? — is there any man that believes that there is
safety in oppression, contumely, and insult, and that security is
necessary against protection, liberality, and conciliation ? — does
any man really suppose, that there is no danger from the conti-
nuance of unjust grievance and exasperating intolerance ; and
that security is wanting against the effects of justice and perfect
toleration ? Who is it that is idiot enough to believe, that he is
quite safe in dissension, disunion, and animosity, and wants a
protection against harmony, benevolence, and charity ? — that iu
hatred there is safety — in affection, ruin? — that now, that we
are excluded from the constitution, we may be loyal — but that
if we were entrusted, personally, in its safety, we shall wish to
destroy it ? (Hear, hear.)
But this is a pitiful delusion : there was, indeed, a time, when
" sanctions and securities" might have been deemed necessary —
when the Catholic was treated as an enemy to man and to God
— when his property was the prey of legalized plunder — his reli-
gion, and its sacred ministers, the object of legalized persecution !
— when, in defiance and contempt of the dictates of.justice, and
the faith of treaties — and I attest the venerable city, in which I
stand, that solemn treaties were basely violated — the English fac-
tion in the land turned the Protestant into an intolerant and mur-
derous bigot, in order that it might, in security, plunder tkat very
Protestant, and oppress his and our common country! Poor ne-
glected Ireland ! At that period, securities might be supposed
wanting; the people of Ireland— the Catholic population of Ire-
land were then as brave and as strong, comparatively, as they are
at present; and the country then afforded advantages for the de-
sultory warfare of a valiant peasantry, which, fortunately, have
since been exploded by increasing cultivation.
At the period to which I allude, the Stuart family was still in,
existence ; they possessed a strong claim to the exaggerating al
Jegiance and unbending fidelity of the Irish people. Every right
that hereditary descent could give the royal race of Stuart, they
possessed — in private life, too, they were endeared to the Irish,
because they wure, even the worst of them, gentlemen. Put
they hud still stronger claims on the sympathy and gcaerositj
DANIEL O'COXNELL, ESQ., M.P. 09
of the Irish : they had been exalted, and were fallen — they had
possessed thrones and kingdoms, and were then in poverty and
humiliation. All the enthusiastic sympathies of the Irish heart
were roused for them— and all the powerful motives of personal
interest bore, in the same channel, the restoration of their rights
—the triumph of their religion, the restitution of their ancient
-.inheritances, would then have been the certain and immediate
consequences of the success of the Stuart family, in their preten-
sions to the throne.
At the period to which I allude, the Catholic clergy were
bound by no oath of allegiance ; to be a dignitary of the Catho-
lic church in Ireland, was a transportable felony— and the oath
of allegiance was so intermingled with religious tenets, that no
clergyman or layman of the Catholic persuasion could possibly
take it. At that period, the Catholic clergy were all educated
m foreign countries, under the eye of the Pope, and within the
inspection of the house of Stuart. From fifty-eight colleges and
convents, on the Continent, did the Catholic clergy repair to
meet, for the sake of their God, poverty, persecution, contumely
and, not unfrequently, death, in their native land. (Hear, hear )
They were often hunted like wild blasts, and never could claim
any protection from the law ! (Hear, hear.) That— that was
a period, when securities might well have been necessary— when
sanctions and securities might well have been requisite.
But, what was the fact 1— what was the truth which history
vouches ? Why, that the clergy and laity of the Irish Catholics
having once submitted to the new government— having once
plighted their ever unbroken faith to King William and his suc-
cessors—having once submitted to that great constitutional
principle, that in extreme cases the will of the people is the sole
jT> m extreme cases the Pe°ple have the clear and un-
doubted right to cashier a tyrant, and provide a substitute on
the throne— the Irish Catholics, having fought for their legitimate
sovereign, until he. himself, and not they, fled from the strife-
adopted, by treaty, his English successor, though not his heir-^
transferred to that successor, and the inheritors of his throne
their allegiance. They have preserved their covenant— with all
the temptations and powerful motives to disaffection, they ful-
filled their part of the social contract, even in dewte of its vio-
ation by the other party. (Loud and continued applause )
How do I prove the continued loyalty of the Catbolico of Ire
land under every persecution ? I do i.ot appeal for any proofc
the-.r OWu records, however rrermin* -I ai.peal merely to the
100 SELECT SPEECHES OP
testimony of their rulers and their enemies — (hear, hear)- I
.appeal to the letters of Primate Boulter — to the state-papers 'A
the humane and patriotic Chesterfield. I have their loyalty
through the admissions of every secretary and governor of Ire-
land, until it is finally and conclusively put on record by the
legislature of Ireland itself. The relaxing statutes expressly
declare, that the penal laws ought to be repealed — not from
motives of policy or growing liberality, but (1 quote the words,)
" because of the long-continued and uninterrupted loyalty of the
Catholics." This is the consummation of my proof — and I defy
the veriest disciple of the doctrine of delusion to overturn it
(Applause.)
But as the Catholics were faithful in those dismal and perse-
cuting periods — when they were exasperated by the emaciating
cruelty of barbarous law and wretched policy — as they were
then faithful, notwithstanding every temporal and every religious
temptation and excitement to the contrary, is it in human cre-
dulity to believe my Lord Castlereagh, when he asserts that
securities are now necessary ? Now, that the ill-fated house of
Stuart is extinct — and had it not been extinct I should have
been silent as to what their claims were — now, that the will of
the people, and the right of hereditary succession are not to be
separated — now, that the Catholic clergy are educated in Ire-
land, and are all bound by their oaths of allegiance to that throne
and constitution, which, in the room of persecution, gives them
protection and security — now, that all claims upon forfeited pro-
perty are totally extinguished in the impenetrabl-3 night of obscu-
rity and oblivion — now, that the Catholic nobility and gentry
are in the enjoyment of many privileges and franchises, and that
the full participation of the constitution opens upon us in close
and cheering prospect— shall we be told that securities are now
expedient, though they were heretofore unnecessary ? Oh ! it
is a base and dastardly insult upon our understandings, and on
our principles, and one which each of us would, in private life,
resent — as in public wfe proclaim it to the contempt and
tion of the universe. (Great applause.)
Long as I have trespassed on you, I cannot yet close : I
a word to address to you upon your own conduct. The repre-
sentative for your city, Colonel Vereker, has openly opposed
your liberties — Ke has opposed even the consideration of your
claims. You are beings, to be sure, with human countenances,
ami the limbs of men— but you arfe not men — the iron has en-
u?red into your souls, and branded -the name of slave upon tbei&.
DANIEL O'CONNELL, ESQ., M. P. 101
if you submit to be thus trampled on ! His opposition to you
IB decided — meet him with a similar, and, if possible, a superior
hostility. You deserve not freedom, you, citizens of Limerick,
with the monuments of the valour of your ancestors around
you — you are less than men, if my feeble tongue be requisite to
rouse you into activity. (Applause.) Your city is, at present
nearly a close borough — do but will it, and you make it free
(Continued applause.)
I know legal obstacles have been thrown in your way — I know
that, for months past, the Recorder has sat alone at the session!
— that he has not only tried cases, in the absence of any cthei
magistrate, which he is authorised by law to do, but that ho has
solely opened and adjourned the sessions, which, in my opinion,
he is clearly unwarranted in doing ; he has, by this means, I
know, delayed the registry of your freeholds, because two magis-
trates are necessary for that purpose : I have, however, the sat-
isfaction to tell you, that the Court of King's Beach will, in the
next term, have to determine on the legality of his conduct, and
of that of the other charter magistrates, who have banished them-
selves, I understand, from the Sessions' Court, since the registry
has been spoken of ! They shall be served with the regular no-
tices ; and, depend upon it, this scheme cannot long retard you
(Great applause.)
I speak to you on this subject as a lawyer — you can best judge
in what estimation my opinion is amongst you — but such as it
is, I pledge it to you, that you can easily obviate the present ob
stacles to the registry of your freeholds. I can also assure you
that the constitution of your city is perfectly free — that the sons
of freemen, and all those who have served an apprenticeship tc
& freeman, are all entitled to their freedom, and to vote for tii»
representation of your city. (Hear, hear, hear.)
I can tell you more : that if you bring your candidate to a poll,
your adversary will be deprived of any aid from non-resident or
occasional freemen ; we will strike off his list the freemen from
Gort and from Galway, the freemen from the band, and many
from the battalion of the city of Limerick militia. (Loud cries
of " hear, hear.")
In short, the opening of the borough is a matter of little diffi
culty. If you will but form a committee, and collect funds, i i
your opulent city, you will soon have a representative ready to
obey your voice — you cannot want a candidate. Tf the emanci-
pation bill passes next sessions, as it is so likely to do, and that no
Other candidate offers, I myself will bring your present number
102 SELECT SPEECHES 0?
to the poll. (Loud applause.) I, probably, will have little
chance of success — but I will have the satisfaction of showing
this city and the county, what the freeborn mind might achieve
if it were properly seconded. (Here the eloquent and patriotic
speaker was interrupted for some minutes, by thundering ap-
plause.)
I conclude by conjuring you to exert yourselves ; waste not
your just resentments in idle applause at the prospect 1 open to
you ; let not the feeling of the moment be calumniated as a hasty
ebullition of anger ; let it not be transitory, as our resentments
.generally are, but let us remember ourselves, our children, and
our country? (Hear, hear, hear.;
Let me not, iowever, close, withoi t obviating any calumny
that may be flung upon my motives. I can easily pledge my-
self to you that they are disinterested and pure — I trust they
are more. My object in the attainment of emancipation is in
nothing personal, save in the feelings hich parental love inspires
and gratifies. 1 am, I trust, actuated by that sense of Christian-
jty which teaches us that the first duty of our religion is benc-
voience and universal charity ; I am, I know, actuated by the
doternii nation to rescue our common country from the weaklier,
the insecurity, which dissension and religious animosity produce
and tend to perpetuate : I wish to see the strength of the island
— this uncouquered, this unconquerable island — combined to re-
gist the mighty foe of freedom, the extinguisher of civil liberty,
Who rules the Continent from Petersburgh to the verge ot the Irish
bayonets in Spain. (Loud and repeated applause.) It is his
interest, it is a species of duty he owes to his faiaily — to that
powerful house, which he has established on the ruins of the
thrones and dominations of Europe — to extinguish, for ever, re-
presentative and popular government in these countries ; he has
the same direct intent which the Roman general had to invade
our beloved country — " Ut libertas veluti et conspectu." His
power can be resisted only by combining yo';r physical force with
your enthusiastic and undaunted hearts. • (Hear, hear.)
There is liberty amongst you still. I could not talk as I do,
of the Liverpools and Castlereaghs, of his court, even if he had
the folly to employ such things — I wish he had ; you have the
protection of many a salutary law — of that palladium of per-
sonal liberty — the trial by jury. I wish to ensure your liU>r-
ties, to measure your interests on the present order of the state.
that we may protect the -very rȣn that oppress us. (LouO
appla»se.)
DANIEL O'COXNELL, ESQ., M.P 103
Yes, if Ireland be fairly roused to the battle of the countn
nd of freedom, all is safe. Britain has been often conquered :
he Romans conquered her — the Saxons conquered her — the
Jormans conquered her — in short, whenever she was invaded,
he was conquered. But our country was never subdued ; we
lever lost our liberties in battle, nor did we ever submit to
<rmed conquerors. It is true, the old inhabitants lost their
•ountry in piece-meal, by fraud and treachery ; they relied upor
he faith of men, who never, never observed a treaty with them,
intil a new and mixed race has sprung up, in dissension ana
liscord ; but the Irish ,ieart and soul still predominate and per-
vade the sons of the oppressors themselves. The generosity,
.he native bravery, the innate fidelity, the enthusiastic love of
whatever is great and noble — those splendid characteristics oJ
»:he Irish mind remain as the imperishable relics of our country's
former greatness — of that illustrious period, when she was the
light and the glory of barbarous Europe — when the nations
nround sought for instruction and example in her numerous
seminaries — and when the civilization and religion of all Europe
were preserved in her alone. (Continued cheering.)
You will, my friends, defend her — you may die, but you can-
not yield to any foreign invader. (Hear, hear.) Whatever be
my fate, I shall be happy, whilst I live, in reviving amongst you
the love and admiration of your native land, and in calling upon
Irishmen — no matter how they may worship their common God
-to sacrifice every contemptible" prejudice on the altar of their
common country. (Great applause.) For myself, I shall con-
clude, by expressing the sentiment that throbs in my heart — I
shall express it in the language of a young bard of Erin,* and
my beloved friend, whose delightful muse has the sound of th«
ancient minstrelsy —
" Still shalt thon be my midnight dream—
Thy glory still my waking theme ;
And ev'ry thought and wish of mine,
Unconquered Erin, shall be thine !"
This •perch procured him from the meeting the following compliment •—
•* Resolved — That our sincere thanks are hereby returned to Daniel
O'Connell, barrister -at-law, for his luminous and patriotic speech this
day ; as well as for bis manly and distinguished exertions at all times, ir
Ihn cause of his country.
• Charles Phillips, Esq., author of the poem -.entitled " The, Emerald Isle." then at the
Irish, subsequently for many years at the English bar, and now one of the District.Curo-
evs of 1'unkruvtcv in Engl^auJ
104 SELECT SPEECHES OF
Tlie letral epinions delivered by Mr. O'Connell in this s] eech were ALL verified in the
courts of law. The city of Limerick, from being a nomination borough, was. by means o/
legal decisions, thrown open to the popular control, as Mr. O'Connell had pointed out. The
c Kpense was enormous, but it wss cheerfully borne by the patriotic citizens.* The popu-
,ous triumph was complete, and Mr. O'Connell had the delightful satisfaction to have
roused the sleeper and presided over the victory
Various other Catholic meetings were held in counties and towns of Ireland during the
summer and autumn of 1812, at which resolutions to the same general effect as those *e
cave recorded of the Limerick meeting, were unanimously adopted. If in these and oti er
demonstrations of popular opinion in Ireland, one sentiment more than another was peca-
Jarly marked, it was that of determined hostility to the proposition of giving in exchange
for Emancipation any of what were insultingly termed " securities," especially and parti-
cularly that of which we shall have soon to treat fully, the "veto" proposition.
Jfr. O'Connell was enabled to attend the Cork "city and county" meeting, held on tri-
a»j, 21st August, at the North Parish Chapel, William Coppinger, jun., Esq., of Barry*
Court, in the chair; buf the Cork paper (the Intelligencer), which contained the proct'id-
fngs, states that it was unable to report with prtcision his speech, and »o passed it over
entirely, with a few complimentary sentences
in the list of resolutions here passed we find the following :-
" 15th. Resolved— That our cordial thanks are hereby offered to our
patriotic fellow- Catholic Counsellor O'Connell, as the tribute of our ad-
miration and applause, for his unceasing and energetic exertions in the
common cause ; and for his able and eloquent speech delivered here thig
a»y
It will thus be seen that the perio.1 of the parliamentary recess in the yew 1812, was by no
means a season of repose and quiet, either to the Catholics or their opponents. The events of
the session just gone by had startled and effectually aroused both parties. At a moment wheu
a ministry, generally known to be adverse to all concession, had, after the double shock ot
the loss of their head and a vote of want of confidence carried against them .n the lower
house, been suddenly reseated in office, with renewed power, and. as It Tras natural to sup-
pose, unabated inveteracy, Catholic and antf-CathoHc in Ireland had beheld, with equal
astonishment, a motion favourable to the former, carried by a large majority in the Com-
mons, and only lost in the Lords by a majority of one— a defeat in name, but virtually a
triumph.
The probabilities were on the side of an actual and entu success in the next session.
The grand object therefore, with the one party, was to advance this consummation during
the recess by all the means in their power; and, of course, with the other party, to strengthen
the old obstructions, and enueatuar to create others anew.
The party of the bigot* had, however, a fearful advantage in means, and were not deterred
fr<vmNusing them by any scrupulosity. We have already alluded to the efforts at reviving
lie " no Popery" cry. But, successful as these were with the strongly-prejudiced public mini!
/ England, }t was determined not to trust to the mere chance of their infl uence re-acting upor
the parliament. The lattc-r was doomed— doomed, because of its one act of liberality— n
consideration givon to its many acts of an opposite nature, not even to the surprisiug cele-
rity with which it had retracted and cancelled the vote of want of confidence before men
lioned
Accordingly, early in the month of October, 1812, the usual proclamation appeared <4
the dissolution of parliament, and writs were immediately issued for a general election.
* The father of the present mayor of Limerick, Mr. Edmund Ryan, subscribed £500;
•nd .mother young pentlen an, a Mr. Patrick Cruirfi, a similar sum. The VereUors wer«
tlmivn out; but. nlas! the- people, in the excess of Uieir cnthusiuMii, put Sprinc lUce IB
nU i.li-.ce. What a wactk-al blunder.
DANIEL O'CONNELL, ESQ., M.P. 105
The struggle was now transferred to the hustings ; and that it was one of no very gentle
or moderate character may well be supposed. The government and its agents and sup-
porters stopped at nothing to secure the return of men opposed to concession, and their
<flbrta were very generally successful. .
THE CITIZENS OF DUBLIN v. POLICE MAGISTRATES.
BEFORE coming to an occasion when Mr. O'Connell expressed his sentiments npo', the
results of the general election, there is an incident of his legal avocations to be noted.
On .Monday, the 19th of October, he and Mr. Finlay appeared as counsel fo? the prot«-
cutorein the matter of .*>me charges made by a large number of citizens of Dublin againut
the city police-magistrates, and investigated into by Mr. Sergeant (the late judge) Mooro
and Mr. Disney, who were appointed by government for that purpose. Tbere was a very
crowded attendance to hear the case, being one of considerable interest to the inhabitants
«f Dublin at large ; but, to the astonishment of all present, the commissioners announced
that they had determined not to permit the interference of counsel.
"It was their impression," said Mr. Sergeant Moore, who made this announcement, "that
it was much better to dispense with the assistance of counsel, and to investigate the Jiarges
oy an examination of witnesses unperverted by colouring or exaggeration of any descrip
tion. It was evui a matter of question to them whether there was not an irregularity in
the interference of gentlemen of the bar when the nature and constitution of the committee
were taken into consideration."
Counsellor O'Connell observed, that he had no doubt either
upon any of the points either of the regularity of the interference
of counsel, their entire right to assist in the present investiga-
tion, or the actual and absolute necessity of their assistance.
Pie said that, as a member of the Irish bar, he was fully en-
titled and empowered to appear before any tribunal whatsoever,
on behalf of his majesty's subjects, in any instance wherein their
lives, liberties or properties were concerned ; and if there was
not, as thore ought not to be, any question as to his title and his
right to appear upon that or any other legal occasion, there could,
of course, be as little as to the right and title, as well as certainly
to the expediency and utility of his learned friend's appearance
and assistance.
The fact was, there were the most heinous charges pending
against individuals holding high and very important situations ;
^he interests of the community were concerned, the lives and
properties of the inhabitants of Dublin were deeply interested ;
nothing, therefore, ought to be left undone to satisfy the public
mind, to make the investigation searching and complete. The
whole matter should be sifted to the bottom, and every effort
made to arrive at the truth ; and for these purposes the attend-
ance and assistance of counsel were imperatively required.
a
106 SELECT SPEECHES OF
lu truth, he considered it little better than a libel upon the
bar, to say that its attendance was unnecessary. Surely, if the
parties accused were innocent of the heavy charges brought
against them, th° exertions of a barrister could do them no pos-
sible injury. If they were really innocent, as it was asserted,
they oould not have anything to dread ; but if they were guilty,
the exortions of an honest and zealous barrister were peculiarly
needed to point out the extent of their delinquency, to leave no
branch of their crimes unexplored, to allow no one particular of
their misdemeanours to remain unrevealcd to the world.
Besides, it was to be recollected, that those parties themselves
enjoyed the advantage of legal aid. There were no less than six
of the accused who were themselves capable of performing the
duty he had undertaken ; and the rest of them possessed the ad-
vantage of an acquaintance with the rules of evidence and of an
experience and practised dexterity, highly available to them in
the conduct of their defence. It would be, therefore, absurd to
pretend that they could at all be considered in the light of or-
dinary persons unskilled in legal proceedings and unfamiliar with
them.
And when they were in possession of such advantages, was it
riot a palpable injustice to attempt to deprive his clients of what
would no more than place them upon an equality? It was an
absolute and gross injustice so to act. He would most solemnly
and energetically protest against the foul play of not allowing
the benefits of legal aid upon the one side as upon the other ;
and until the commissioners should take it upon themselves to
order him to walk out of court, he would not so much surrender
his own privileges and his clients' rights as +o cease his protest
for one moment. He appeared in court as the retained counsel
of the memorialists ; and if he were to be disbarred, he could
not, of course, help it : but this he would most certainly do-
conscious of the extent of his professional privileges, the neces-
sity and entire regularity of his attendance ; if the court should
decide against him, he would instantly throw up his brief' and
advise his clients not to attempt going one step further in thix,
nost necessary, most useful, most solemn, and most desirable
,iivestigation.
Without legal aid this inquiry would be fruitless — the truth
could not be known, the intentions of the legislature and of the
government (to whom praise was due for giving that opportu-
nity) should bo defeated, the country will be disappointed, tbo
public-spirited individuals who had brought that important bub
DANIEL O'CONNELL, ESQ.5 M.P. 10?
ject before tne nation would have been making only a nugatory
effort at the attainment of justice — and he should therefore re-
peat, that if the court were against him he would instantly and
unhesitatingly throw up his brief, and advise those upon whose
behalf he appeared not to proceed any further.
Again, he would say, the present inquiry was most important..
The criminality it was instituted to examine into, deeply and in-
timately concerned the citizens of Dublin in their lives, liberties,
and properties. His instructions authorized him to declare, that
delinquency of the most enormous magnitude, perpetrated in the
guise and under the pretence of the administration of justice,
would be exhibited to the public in all its enormity. Curioub
instances of imposition would be exposed to view. Penalties —
sometimes with ludicrous whimsicality — sometimes with invete-
rate cruelty. The investigation of such charges as these was a
matter of the most serious and highest importance to the com-
inunity at large — they required the most serious pains- taking
and solemn attention — they demanded all the consideration of
the commissioners themselves, and (surely if the assistance of a
barrister had ever been found useful in forwarding the ends of jus-
tice, in protecting and vindicating the liberty of the subject) thej
demanded also all the exertions of a professional man.
He, therefore, claimed to be heard as a barrister — he claimed
to be heard as a householder — as a citizen of Dublin. How
could the commissioner possibly resist this his just demand?
By what authority, and according to what precedent? In the
courts of law, high and low, of every degree, it never was held
or pretended that a barrister's assistance could be dispensed with
The House of Commons admits that assistance. How, then, bv
what authority, and according to what maxims of expediency or
justice could that Court, and that Court alone, reject?
Mr. Finlny, the other counsel for the citizens, followed with an able argument, but the
Commissioners were not to be moved.
AGGREGATE MEETING.
to Thursday, the 5th of November, 1812, there was an aggregate meeting of the Catholic-;
of the county of Dublin, held nt Kilmuinham, convened, according to the terms of the
requisition, " to take into consideration the propriety of petitioning parliament for tho
total repeal of tlie penal lav.-s affecting our (the Catholic) body," but, in fact, to afford tn
opportunity of djscuasing the results of the elections just concluded, and the conduct of
108 SELECT SPEECHES OP
"articHlar parties In various localities during those elections ; and, generally, the state am;
i'roBpect* of the Catholic cause. William Gerald Baggott, of Castle Baggott, was caHed to
the shuir.
"Then Mr Baggott had concluded Ms sl-.cit, address, on taking thh chai), Randal M'Don-
tell, Esq., after some remarks in praise of the conduct of the poorer classes of the electors
during the late contests, introduced the resolutions that had been prepared.
There were loud calls 011 every side for " O'Connell, 0'C< unell :" and, as the newspaper
reports, "after a short hesitation, the Man of the people cime forward and spoke to the
following effect :"—
I could not be an Irishman, if I did nol feel grateful, if I was
not overpowered at the manner in which yon have received rne.
Sorry, sunk, and degraded as my country is, I still glory in the
title of Irishman. (Bursts of applause.) Even to contend for
Ireland's liberties is a delightful duty to me. (Enthusiastic
plaudits.) And if anything is wanting in addition to the evi-
dence of such humble efforts as I have already been engaged in,
for the restoration of our freedom and independence, GO evince
my devotion to the cause of my country, I do swear, by the kind-
ness you have shown me now— by any I have ever experienced
at your hands, and by all that I hold valuable, or worthy of
desire, that my life is at her service. (Applause.) And may
the heavy hand of adversity fall down upon me, and upon all
that are dearest to me — the children of my heart — if ever ]
forsake the pure pursuit of the liberty of Ireland. (Cheering
lor several minutes.) Gentlemen, we are now arrived at a period,
when we are not only struggling for the interest of our own reli-
gion, but for the liberty, security, and peace of our Protestant
brethren, both here and in England. (Applause.)
We are arrived at an important crisis, when a serious profes-
sion has been made, on our behalf, by the English parliament.
This is the first time that a declaration such as that to which I
allude was ever made in the senate. It is the first time that
the voice of religious liberty was really heard in the British
•parliament — the first time that men were allowed to judge for
themselves, and to obey the divine precept, of treating others as
they themselves would wish to be treated. (Hear, hear.)
The period is highly important, and calls for all the watchful-
ness, zeal, and assiduity of which we are capable. An adminis-
tration (formed, heaven knows how !) have given us a specimen
of their acting a neutral part towards us. They have promised
that they shall not interpose their authority to interrupt the
good intentions of any man. Some of them have even pledged
themselves to support the Catholic question; and, probably
half of them have ghen some earnest of their improved liberality.
DAXIJSL O'CONXELL, ESQ., M.P.
will, however, give them little credit for sincerity ; I believe
they would not even pretend to lay much claim tc our confidence
— they have too much modesty to expect to be believed by us—-
Daughter, and cries of hear, hear)— we have, I believe, without
pitying much attention to the professions of the Cabinet, arrived
at a most important crisis. It behoves every man of us to do
his duty, and to take care that we shall lose none of the impor-
tant acquisitions we have made. This very administration of
whom I am speaking, notwithstanding all" their fair promises,
ha\o been busily employed in throwing new impediments in our
way since last session. But those impediments shall do us little
injury if we do our duty. They certainly are our natural ene-
mies—they hate liberty— they have an inherent abhorrence to
freedom, and their hostility to us is particularly embittered by
our contempt for them (loud applause) r yes, gentlemen, such
are the men whom you, in your resolutions, have justly termed
"incompetent," and <• profligate"— such are the men who now'
command the destinies of those realms, and, probably the for-
tunes of Europe. (Hear Hear.)
* I am afraid, gentlemen, that I shall take up too much of vour
time if I advert to some topics that are crowding upon my mind
(Cries of no, no, go on, go on.) The first I should be inclined
to allude to is, an address, lately published by a real friend to
religious liberty, and printed by Mr. Cobbett, a distinguished
colleague ot his, m the exposure of public corruption— I mean
Lord Gochrane, one of the members for the city of Westminster
than whom no man deserves better of every real admirer of
political integrity and patriotism.
This distinguished member observes, that he was once opposed
to the Catholics, because he disapproved of the slavish doctrines
whirfi prevail « in the Romish Church." It is some consolation,
gentlemen, that there is some person who can assure ministers
there is no danger in granting us emancipation— we are not too
fond of liberty. (Laughter.) But, gentlemen, see the consis-
tency and rationality of our calumniators ! At one time thev '
say we are agitating democrats, crying aloud for an unwarrant-
able portion of freedom : the very next moment they turn
round and tell us, that we have a marvellous propensity for
slavery ! (Loud cries of hear, hear.) The truth, however, is,
that their accusations are false in both instances ; we do not «o
to excess on either side ; we are partial to a legitimate and weH-
rnodelled monarchy in an hereditary line, and we, at the samr?
time, reverence the majesty of the people. \Vhile we bear a
1 1 0 bSLECT SPEECHES OF
true allegiance to the British constitution, we still say, that life
is not worth enjoyment, without the blessings of freedom.
(Reiterated applause.) Lord Cochrane admits that he is con-
verted from his original antipathy to Catholics, and he says he
i i now ready to grant them all the immunities he himself enjoys,
if, in the first place, they accept the privileges of Englishmen,
and if in the second, they renounce thfc jurisdiction of the Pope.
I say$ we are most anxious to obtain the privileges of English-
men. Let Lord Cochrane recollect what the first Irishman that
ever was born said at No wry.
[Here the learned gentleman was interrupted for sereru: minutes by tlio acclamations uf
the assembly.]
I am not surprised— -continued Mr. O'Conuell. when silence
*.vas r gain ^stored — I am not surprised that you should feel the
most ecstatic emotions of the Irish heart, when I but allude to
the name of John Philpot Curran. (Renewed cheering.) It re-
eals to us everything that is dear or interesting in our history
— it pronounces everything that we are proud to live with in
this age, and everything that shall l>e estimable in the minds of
posterity. (Loud applause.) I know the name of John Philpot
Curran has conducted you back involuntarily to that most awful
era in our annals, when we were deprived of our independence,
and metamorphosed into the colony of a people, who were nor,
and who are not, in the least, worthy of being our MASTERS.
But, my friends, if we are true to ourselves — if Protestants and
Catholics be alive to their commonest and most intimate inte-
rest, we may, profiting among other aids, by the assistance of
this very idol of ours, to whom you have just paid your affection-
ate tribute — we may, I say, become a kingdom once morel
(Thunders of applause.)
1 had adverted to what mv most venerated friend, John Phil-
pot Curran, said at Newry. I would take leave to remind Lord
Cochrane of it, assuming it to be the expression of Catholic fecl-
iug. The Irish Cicero there observed, that Englishmen love the
privilege of being governed by Englishmen. I would tell my
Lord Cochrane, that Irishmen fully as highly value the privilege
of being governed by Irishmen. (Long-continued applause.)
The second proviso of Lord Cochrane is one merely of a pole-
mical description, lie wishes to destroy the jurisdiction of the
Pope. J would ask of him in the name of Christian charity, ha
be not our solemn oaths to satisfy him 1 (Hear, hear, hear.) We
ore degraded, excluded, and insulted, because we regard the ob-
DANIEL O'CON.VELL, ESQ., M.P. Ill
ligatioii of an oatli — because, for any favour, earthly power can
bestow, we would not violate our consciences ; and still, though
this fact is clear and patent before the world, we are insulted, by
being told that our oaths are not a sufficient security for our al-
legiance ! It is most amazing how men will presume to play
with our feelings. We show them that we would be willingl}
bondsmen to all eternity, sooner than violate our oaths ; ye1*
they demand, as a security, a breach of the precepts of our reli-
gion— not thinking even an oath from such people sufficient.
^Hear, hear.) In the course of my professional pursuits, I have
oeen one hundred times compelled to swear that I did not think
it lawful to commit murder. (A laugh.) You laugh, gentlemen,
but what I tell you is not a greater absurdity than Lord
Cochrane's proposed pledge. But see how the imputation which
euch men would throw upon us, would operate as applied to an
individual in private life. They demand a pledge of us, saying,
by implication, that we do not value an oath. Why, if any man
in the community had the audacity to tell me directly that I did
not value an oath, either he or I should not long survive such a
flagrant insult. But we are told we have predilections — we do
not deny the charge. As for my part, I do not value the man
who has not his predilections and resentments ; but at the same
time, Lord Cochrane may be as much afraid of our predilections
.for the grand lama of Tartary, as for the Pope of Home. (Hear,
hear.)
Those imputations upon our value for an oath evince only the
miserable ignorance of our opponents, with regard to our prin-
ciples and our aniforrn conduct. They bring to my recollection,
again, the words of the great Curran at Newry, and serve to con-
vince me still more of their entire justice, when he said " that
they are unfit to rule us, making laws, like boots and shoes for
exportation, to fit us as they may." (Long-continued applause.)
I have taken up much of your time, gentlemen, but I confess
I am anxious that the people of England should know us. If
Lord Cochrane was here, I do not think that we could fail to con-
vince him of the mistakes he has thllen into. We are no de-
luders or traitors — we do not make promises to violate them.
Th ere is a long tribe of wretches who accuse us of treachery ; if
they, indeed, revived their slanders, they should not obtain a re-
ply. This junta constitutes the worst and vilest herd of the
community. Whenever the invader touches our shores they
will be the first to join him ; while we, the insidious and agitat-
ing demagogues, are ever most ready to oppose him. And why
SELECT SPEECHES OF
should they not sell their coun+r -j—surely^ they sell it to the
minister. They may as well sell it to Bonaparte as to Lord
Castlereagh, if they be proportionately rewarded. (Hear, hear.
hear.) This tribe, I say once more, accused us of an insensibi-
lity to moral obligation. I would not condescend to answer
them ; but Lord Cochnr deserves a reply ; he is a friend to
civil liberty — a man whose bravery in the battles of his country
is not mere distinguished than his integrity in the senate ; it is
a useful occupation of time, to labour to disabuse his mind of
prejudices adopted, doubtless, without consideration ; his charges
merit an answer, and if he were here they would, I trust receive
a full and satisfactory answer.
But, turning from the events and scenes that are taking place
at the other side of the water, and contemplating what is going
on in this country, let us examine what there is to interest us.
The elections are in some places even still going forward. I am
told the Catholics have considerably lost by the appeal to the
people. (Hear, hear.) In one place they have lost, and lost to
an incalculable amount, indeed. Christopher Hely Hutchinson
has lost his election in Cork ! (Cries of shame, shame, and hear.)
I the more regret this misfortune, because it was not the efforts
of a profligate minister that rejected him — not the anger that
has followed his family, ever since one of them, with a patriotic
and Koman-like resolution, drew the veil from the infamy that
has kept you in slavery — from that nauseous luxury of enjoyment,
in which the wine-bearer's voice is decisive, when ae pronounces
that you shall be still kept in bondage. (Applause.) He failed
— Hely Hutchinson failed — not because the attendants at the
Castle were despatched to uphold his opponents — not because
DUT worthy Viceroy expended any of his private property in op-
position to him — the profits of the coal tax in London, or the
£30,000 he is allowed as a slave. Christopher Hely Hutchinson
•s out of parliament, not because he is not a friend to the liber-
ties of mankind, an ornament to his country, a credit to human
honour and integrity, but he has failed because of the apathy of
Catholics ! (Loud cries of shame, and hear, hear.)
^ The negligence — the wicked and pernicious negligence of
Catholics did against him what neither the frowns nor smiles of
administration — the favour nor the anger of the Court, couid do.
Catholics neglected to register their votes in time, and thus they
inflicted upon our cause, one of the greatest and heaviest calami-
ties that could befal us. (Hear, hear.) With what contempt do
they now look upou themselves ! Do they not despise themselves
DANIEL O'CONNELL, ESQ., M.P. 113
and their criminal negligence But let not the lesson oe lost-
let it be proclaimed and spread as widely about as intelligence
can reach. Let every man who hears me bear it strongly upon
/lis mind, and communicate to his friends, that the neglect of the
Catholics of Cork, in registering their votes, was the sole cause
of our losing the services of an admirable Irishman. (Loud
plaudits.)
With the single exception of Cork the elections have been de-
cidedly in favour of us. In Gal way, indeed, there is not much
tQ applaud. At the head of the poll is Mr. James Daly, a ne-
phew to Mr. Justice Daly, who sits on the bench, because of
having voted for the Union. (Hear, hear.) The honest, manly,
and incorruptible Denis Bowes Daly ought to have been returned
without expense, and ought to have been in the place of the other
gentleman. This upright Irishman has sat for thirty-six years
in parliament, without ever giving a vote against thd interests
of his country ; and we are told that there shall be a dubious
contention between this well-tried patriot and a Mr. Eyre, a man
who never did anything, but who tells us that he will do some-
thing. Meantime, the judge's nephew will be returned in spite
of fate. (Hear, hear, and cries of shame.) This instance of in-
gratitude is truly lamentable, and most discreditable to those
who are its authors ; and whilst other counties are exhibiting
the most cheering proofs of true public spirit, this falling off in
Gal way should be proclaimed to the reprehension of the world,
(Hear, hear.)
In Tipperary, General Mathew and Mr. Prittie are at the head
of the poll. (Loud cheering.) All the efforts of Bagwell — all
that private friendship and public corruption could effect — all
that the influence of the Court could avail — all that favour,
traced to the foot of the Throne, could perform, were unavailing.
Catholics and Protestants stood and acted firmly together, and
Mathew and Prittie were triumphant. (Loud cheers.)
Nearer home, however, we have not so pleasing a prospect of
popular success. Mr. Clements, a decided enemy of yours, is
in ; and Mr. White, whom you have so justly thankod and ap-
plauded this day, is out ; but I trust there is still public spirit
enough to return him, and add him to the list of your friends.
In Wexford you have got too additional advocates.
In Downpatrick, even John Wilson Croker of the admiralty,
has, to use a northern phrase, been kicked out. (Laughter and
cheers.) I remember about six years ago, when this gentleman
and I were going circuit together, his Protestantism did not keep
U4 SELECT SPEECHES OF
my Popery much in the back ground, (Laughter and cheers.) If,
however, he were not a Protestant, I verily believe he would have
oeen doomed to drudge all his life at the bar, though he has been,
since that time, in parliament, and is now rewarded with a situa-
tion in the admiralty.
In Drogheda we have got Meade Ogle, and have got rid of
Foster. (Hear, hear.)
But, surely, in Trinity College, we have not only been eman-
cipated from another Foster, but we have had »n accession to
our strength, in that credit to Ireland, that ornament to the bar,
and that honour to human intelligence, William Conyngham
Plunkett. (Loud applause.)
I need say little of Dublin, the corporation are involved in
debt, and Jack Gifiurd, the police magistrates, and Billy M' Auley,
could not muster votes enough to get up any man in opposition
to Mr. Shaw, whose great crime it is to have acted honestly and
conscientiously. The "felonious rabUe" of the corporation, if
I may use the delicate expression of one of its members, had
not courage to produce one person to oppose Henry Grattan,
who " watched Ireland's independence in its cradle, and followed
io to its tomb !"
I have not called- your recollection to the county of Dublin,
where Mr. Hamilton, who had the credit of relinquishing his
prejudices to you, was returned without opposition, because he
discharged the trust you reposed in him faithfully and honour-
ably ; and where that truly excellent Irishman, Colonel Talbot,
was returned also without opposition. (Here there were the
most enthusiastic acclamations which lasted for several minutes.)
Gentlemen, I am sorry that Colonel Talbot is present, because
I am thus restrained from saying what my heart dictates, and
his merit demands. He speaks, acts, and thinks like a true and
genuine Irishman. Register your votes, and let him be ever
sent to watch your interests as he has been at this election —
namely, without the vexation of any opposition. (Loud ap-
plause.)
Such is the state of the elections — rsuch is the state of your
•ause. Is it not demonstrative, that if you had a Protestant
parliament in Ireland, they would emancipate you ?
[The manner in which this sentence was received by Mr. O'Connell's auditory Is described
as having been enthusiastic almost beyond any fonnar experience. TUP applause was
UKen up again and again, for many minutes, with unabated, and almost increasing
lOanath, and it was not for a long time that he was suffered to proceed j
In the county of Clare, I forgot to say, the Chancellor of the
DANIEL O'CONNELL, ESQ.; M P 115
Exchequer is thrown out. The Catholics of this county have
covered themselves with eternal honour. All the money of the
treasury vras without influence to seduce them from their duty.
Eelinquisliing, as was the case with numbers of them, the closest
ties of intimacy, friendship, and kindred, they nobly told the
Chancellor that they had every good wish for his interest, but
that their country had the first claim upon them and upon their
votes. (The loudest applause.)
The Ponsonby family have succeeded in the north. If the
north was disgraced by the return of a Yarmouth or a Castle-
reagh, there is sufficient consolation in the circumstance I have
just mentioned, to make us well pleased with our liberal Pro-
testant brethren, in that portion of Ireland. In speaking of
Lord Castlereagh, I do not know how to select words to ade-
quately express my feelings. I should become an old man in
foaming out the torrent of hatred and indignation with which
my bosom teems. He is not here at the present moment ; but
I do not feel myself the less authorized to speak of him as
an honest and injured Irishman should speak ; because there are
people here, I am well persuaded, to convey to him the language
I use. Mr. Wcllesley Pole boasted of his having people behind
the curtain at every Catholic meeting. His successors, I sup-
pose, have imitated his wisdom ; and as there is, therefore, some
spy, in all probability, lurking to apprise Lord Castlereagh of
what goes forward, I have not restrained myself. Let the man
who buried thousands of our brave troops in the marshes of
Walcheren, and destroyed the springs of his country's liberty,
know the feelings which are experienced by an Irishman, when
his name is mentioned. (Loud applause.)
To counterbalance the gloom that is thrown over the mind
when the success of an enemy to the cause of Ireland is contem-
plated, I might exhibit the prospects that %re presented by the
residence of the young Duke of Leinster amongst us. (Loud
acclamations.) Inheriting such a load of the virtues of his
ancestry, his promises are great. Indeed there is something in
the name of Fitzgerald to cherish and console Ireland under th.
heaviest afflictions. (Loud applause.) Let us hope that tho^e
virtues only want an opportunity of action to prove advan-
tageous to the empire.. Let us hope that he is at this moment at
the meeting in Kildare, commencing a career of glory to himself
and usefulness to Ireland. (Cheering.)
I must now advert to the disgraceful efforts that have been
made in the counties of Sligo, Leitrim, Koscommou, and Long-
116 SELECT SPEECHES OF
, by a disgraceful no- Popery faction, to agitate and disturb
the public peace. To those, however, is to be opposed that for-
midable and imposing document, the Protestant petition, signed
by everything of wealth, respectability or talent that was to be
found throughout the country. As to the no- Popery agitators.
<ve have leading them a Mr. Steward Corry, whoever he may
be — a Mr. Owen Wynne, who is said to be a great encourager of
fat pigs. (Much laughter.) He is also, however, brother to
that important dignitary, the caterer-general of the Castle. Then
we have a Mr. Counsellor Webber, who was an assistant-barris-
ter, or, in the words of the great Flood, who had availed him-
self of the " refuge for tried incapacity." In one county an
obscure clergyman was the author of a pompous string of anti-
Catholic resolutions.
But the hypocritical affectation of liberality in those gentlemen
was worst of all ! (Hear, hear.) Catholics were their loving
brothers ! — everything that was sweet and delightful and sub-
lime and affectionate ! ! (Laughter.) They love us — oh how
dearly !— but they desire us to continue slaves ! They desire us
to fight for them and to pay the taxes : — but they keep the re-
wards to themselves !
Mr. O'Connell then proceeded, at some length, to descant upon
the necessity of agreement and unanimity of sentiment among
all classes at the awful crisis now impending. He said it would
be much wiser for ministers, at this juncture, to enter into a
treaty of amity with the Catholics of Ireland, than to lavish a
subsidy of £80,000 upon Bernadotte — than to build hopes upon
fhe insurrection in Paris — form alliances with a chieftain in
South America — or conclude arrangements with the Dey of
Algiers ; and concluded amid loud acclamations.
JOHN PHILPOT CURRAN.
ITPOK the 14th of November, 1812, Mr. O'Connell was about to move that a dinner should
oe given by the Catholics to their Protestant supporters, when Mr. Lawless introduced a
vote of censure on certain member* of the Board, wh» had acted against tho celebrated
John Philpot Curran, at his then recent contest for the borough of Newry.
After some otiier gentlemen had spoken, Mr. O'Connell rose and said :—
He had very little to offer on the present occasion. He had
no doubt, and he believed the Board had no doubt, of the pro-
priety of inflicting their great and heavy punishment of their
DANIEL O'CONNELL, ESQ., M.P. 117
censure on men who had yielded to the basest motives of betray-
ing their country. It was not only the duty of every man who
gave his vote, to pledge the candidate, not only to the support
of Catholic Emancipation, but also to the exertion of every means
in his power to oppose an incompetent administration, and to
support the rights of the country. But he was sure that a meet-
ing of Irishmen— of Catholics, and of gentlemen, would not con-
found the base and despicable betrayer of his native land, the
shameless deserter of the tried friends of the cause, and the man
who had acted from an impulse the most honourable to any man,
that of redeeming plighted faith.
You seem to find it difficult to draw the discriminating line
yourself; and how much more so will it be for the public. If
an indiscriminate stigma of this nature were to be sent abroad,
it would be easily converted into the instrument of private ma-
hgnity. This air-drawn dagger which you sent forth to the
\vorld would be soon presented to the breasts of, perhaps, meri-
torious individuals, to gratify the purposes of malice and revenge.
It would be made the weapon for avenging injuries committed,
or supposed to be committed, upon individuals in private life,
and thus, instead of carrying the weight and dignity of a censure
pronounced by a great body after difficult evidence of its justice,
it would dwindle into the petty, but mischievous character of a
tool, which every ill-minded man might seize upon to satisfy bin
private resentments.
It was true there had been room for censure. But the Board
should, at least, give those persons an opportunity of satisfying
themselves before it inflicted punishment upon them ; it should
hear before it decided. The censure involved the most serious
consideration. It was one which would not only affect the indi-
vidual, but would be handed down to the latest posterity. It
should, therefore, be resolved upon with the greatest and most
mature deliberation ; not when the assembly was heated by the
remembrance of recent election contests, heated by a warm and
protracted discussion, and doubly excited by description of the
transcendant merits of John Philpot Curran — merits which it is
impossible to do justice to. He would ask whether such was:a
moment to pass a grave and solemn censure, and to pasn it in such
ti form that it may be applied to the very last man in the com-
munity to whom the Board would wish to extend it — a man who
has ever been the most steadfast supporter of the cause, and who
would freely lay down his life for it. It may be said he deserves
H; if so, inflict it; but do it manfully, openly, honourably. Let
i.18 SELECT SPEECHES OF
it not "be said that you decided without trying — that a tribunal ot
Irisnmen would even risk the charge of visiting an Irishman with
injustice. It would be cowardly to rob a man of his character iri
the dark. Those men may have cases to make ; they should be
permitted to make them.
With respect to the political principle, he conceived the Board
possessed the power. It would be impossible for many reasons^
for an aggregate meeting to inflict the censure ; and as to send-
ing members back to the counties, that would be recognising the
principle of representation, which they denied in the most posi-
tive manner. The members of the Board were not representa-
tives, but they contained within them the mere and unbought
feeling of Irishmen, and to that feeling he would appeal for jus-
tice to the character of a gentleman. You are now acting upon
ex post facto law. It is possible that reasons may have existed
for this conduct; and sure you are not to put those persons to the
bar of the Irish people, without hearing them. He would pro-
pose an adjournment for la fortnight. If gentlemen were right
in adopting the censure this evening, they would be equally so
this day fortnight, and it would come with double weight when
resolved upon coolly, without being inflicted by a panegyric on
the merits of Curran, of Hutchinson, of Mathew. or of another,
whom Mr. Lawless forgot, Prittie. The Board, by passing the
present resolution, will assist to. shield the real delinquent, by
laying part of the blame upon worthy men. He concluded by
moving an adjournment, which was seconded by Nicholas Mahon ;
and, after a short additional discussion, carried, on a division, by
a large majority.
On Saturday, the 28th instant, the discussion was again revived, in a densely crowdec
meeting of the Board. Mr. O'Connell called the attention of the Board to the unwarranfr
:Uile exercise of authority by certain individuals, who had taken upon themselves to issm
?ummonses to attend the adjourned debate on Mr. Lawless's motion. He also proposed a
further adjournment until the following Monday, to some larger place of meeting, where
there would be room for the immense crowds which had that day assembled, blocking up
the passages, and crowding evea the street below. It was, however, determined to remain
A'hcie they were ; and the debate proceeded on .Mr. Lawless's motion, put in the fallowing
shape : —
" That such persons as had deserted the tried friends of the Catholics
at the last general election, were no longer deserving of their confi-
dence."
After several very cvnimated speeches pro and cow, M. O'Gorman (Nicholas Puicell)
moved, by way of amendment, to add a sentence, approving the e:qOiiiiation$ offered by
ilr Lalcr. of Cranagh, and some of the others originally inculpated.
Mr. O'Connell supported the amendment, but not as an addi-
tion to Mr. Lawless's motion* The original resolution he consi
DANIEL O'CONXELL, ESQ., M.P. 119
dered to be one of t) .e most unjust, indiscreet, and inconsistent
that could possibly have been conceived. It would affect any
man and every man. It would sacrifice men who bad ever
evinced the utmost anxiety and zeal for the promotion of the
Catholic cause. It would go to divide the body, and interrupt
that harmony which was acknowledged upon all hands to be of
the most vital importance. It would carry the broad inconsis-
tency upon the face of it, of censuring persons who at the same
time were held to have satisfied public opinion.
One gentleman (Mr. O'Gorman) had told them he supported
it on the grounds of its having elicited the satisfactory explana-
tion which they had that day heard. But, surely, it was unfair,
after acknowledging these vindications to be so entirely full and
complete, to send out to the world a vague and general ccninii e
that might oe turned against the best men in the community.
Another gentleman (Mr. Costigin) had said, "let those the
cap fit wear it ;** but it was not always the person whom the cap
t>est fitted that it was placed upon by the public. It seldon.
happened that the individual whom the cloak of infamy best
suited would of himself put it on. Such a person was generally
tar more disposed to throw it over the shoulders of *,he innocent,
and array himself in the garb of hypocrisy, and so elude the dis-
grace which he was so conscious of meriting. It was, to borrow
an illustration from scenes of horror that had been ilhulod to, a
pitch-cap of torture, that th&y were about to force down upon
the heads of unoffending men, and not a well-earned infliction
upon real and bhamefui delinquency.
It should be borne in mind that that Board was the organ, as
it were, of the Catholic people. Being so, its denunciations came
to be considered, and were, in effect, the denunciations of that
people. The Catholic Board should not forget those men whose
exertions, whose influence, and whose active patriotism ha&
worked up the cause to its present high position and momen-
tous importance. It was no small triumph to observe gentle-
men of the first rank and consideration in the country coming
forward to vindicate themselves to that Board. He well recol-
lected a time, when men, possessed of their fortune, station, and
high- respectability, cared nothing for any recolutiong that might
be passed by meetings in Dublin. The Catholic Board, he woul^
again beg of gentlemen to recollect, had now arrived at such a
pitch of influence and importance, that their frown was sufficient
to cast dismay around any man they attacked ; but it behoved
them to prove that the moderation and justice with which they
120 SELECT SPEECHES 0?
exercised that power was commensurate with its magnitude.
Whatever might be the decision of that day, he would take upon
himself to assert, that no Catholic in the land would venture to
vote again in a manner that could subject him to their displea-
sure. It was evident how unjust^ the resolution might operate,
from the statement which a highly-respectable gentleman (Mr.
Burke) thought it necessary to make a short time before ; ami
he begged leave to assure that gentleman, that if he had not
been present to advocate his cause in person, no efforts of his
(Mr. O'Connell) should have been wanted to ensure the justice
vvhich was his desert.
He thought individual votes of censure, on every account,
highly reprehensible, and certain to be attended with the very
worst consequences. It would be nothing less than transform-
ing the Catholic Board — which possessed the dear, invaluable,
unbought confidence of the Irish people — into a terrible inquisi-
tion. If such a transformation were to take place — if an assem-
bly, instituted for the advancement of constitutional freedom,
assumed to itself such inquisitorial privileges, there was an end
at once to the security of the best men. No one, however con-
scious of his own innocence — however anxious to do his duty to
his country without a thought of personal advahtage to himself,
could feel or co*uld be safe. He claimed for himself sincerity at
least ; and he was not conscious of ever having acted otherwise
than as he sincerely believed his duty to his country required :
yet if this system were to be established, he knew not how soon
he might be unjustly and summarily condemned. Should a fac-
tion who could muster twenty or twenty-five votes have it in
their power to act in this manner, he knew not how sooii they
might come forward and say, " Daniel O'Connell does not de-
serve the confidence of the Catholic people."
He prayed the Board to act with the dispassionate candour
becoming them as a great, deliberative assembly; and concluded
by supporting the amendment, in so far as it expressed approval
of the explanations that day offered, and confidence in the gentle
men who had made them.
However the efforts to which Mr. O'Connell alluded twice in the foregoing speech irar
successful. The room had Leer, packed in favour of the vote of censure; and, after tw»
divisions — " one upon the amendment of approval, and the other on a subsequent amenl
ment to adjourn— the censuring vote was carried."
DANIEL O'CONNELL, ESQ., M.P
TAAFFE a. CHIEF JUSTICE OF QUEEN'S BENCH.
THE case of Taaffe and others against the Chief Justice of the Quean's Bench, came now,
November, 1812, again before the courts, after successive adjournments from the preceding
terms.
GUI- concern is not with a detailed history of it? progress ; and we shall therefore give,
without further preface, Mr. O'Connell'a speech in this case, Friday, November 13, 1812, m
the Court of Common Pleas.
The following is the report of the Freeman's Journal, in its number of Saturday Novem-
ber 14 :—
"Mr. O'Cuimell appeared in court this day to make his reply to the arguments of M-.
Ponnefather, as delivered on Tuesday last. The court was excessively crowded, and it
may with truth be said, that no person who caiue for the purpose of enjoying a display of
loren.sic powers, went away disappointed.
My lords (said Mr. O'Connell), I am highly sensible of the in-
lulgence I have received from the Court on the present occasion.
I feel no small regret at having consumed any portion of your
lordship's time, but I shall be as brief as possible, while I en-
deavour, in discharging the only duty that now remains to me,
to reply to the arguments of the gentlemen on the opposite skle.
And, my lords, in discharging this duty, I shall avoid imitating
the example set me on the last day by one of these gentlemen,
and (if I do not err) by the other on a former day, in travelling
out of the direct course which the question before the Court pre-
scribes. I shall leave unnoticed what has been called the "whim-
sicality," of introducing politics upon an occasion like the present,
and confine myself to a mere question of law.
iiut though Mr. Pennefather, in describing the nature of the
present action, takes a fancy to quoting one of the law books,
ind calling it " a bold attempt on the government of the coun-
try ;" yet, in explaining what I conceive to be the law of the lam}
i n the case, I will not, even though I exclude political reflections,
f »r a moment persuade myself that I ought not to speak my sen-
t? merits and those of my colleagues upon it, with the most unre-
strained and unembarrassed freedom. The question involves great
constitutional principles. It does not depend upon mere tech-
nical rules or technical reasonings, but must be decided upon
consideration of the nature and extent of personal liberty in this
'Oiuitry, and the sense judges have of the rights of the subject,
SLud the redress they are entitled to avail themselves of for tho
tuji tries they suffer.
Little aid can be obtained from mod era cases. The simple
quf >tion is, whether there is a class of magistrates in this country
d Co Issue their warrants without any information upou
i
122 BRI.ECT SKETCHES OP
oath, and without any crime having been actually committed,
and entitled upon such warrants to imprison any description of
the king's subjects, without having afterwards to make atone-
ment, and compensation. If the Court decide with the defendant,
they establish this monstrous proposition. See what the action
5s : it is an action brought against the defendant for false im-
prisonment, and his justification is that he is Chief Justice of the
Kittys Bench. This is the proper form of an action brought
against a magistrate who issues a warrant. The c isa of Morgan
v. Hughes, in Term Reports, 225, proves that it is the only form
of action suited to such a case. This was an action of 'trespass,
the defendant being accused of having issued his warrant, and
maliciously arrested the plaintiff. There was a demurrer to the
declaration, and judgment was had that the acfiun should have
been brought for false imprisonment. What is Vae nature of the
present defence 1 The mere assertion, that the learned • defendant
is Cioief Justice of the Court of King's Beucn, urr:l the assertion
cf the mode he adopted in imprisoning the plaintiff. It does
not* say that he despatched his menial servant with such com-
mands as he pleased to give j but it does say that he granted
}'is warrant with such recitals as his imagination 8u<r<?ested.
This is th*j real language of the plea. It cannot be aided by any
intendment — no presumption can be made in its favour ; on thp
contrary, the first principles of pleading require that it shouid
be takej. most strictly against the defendant. This is the ruk
laid down by Lord Coke (Coke Littleton, 303-6) ; and to show
that this general rule of pleading most directly applies to justi-
cation, I beg to refer you to Cummins's ui^est, E. 17. Nothing^
therefore, can be intended beyond this allegation, that the de-
fendant wa,s a magistrate, and arrested the plaintiff by his wf>'-
rant. The Court cannot supply the allegation : — 1st, that tho
crime was committed — 2nd. that the plaintiff was one of the
persons concerned in that crime — -3rd, that the defendant knew
or suspected that the plaintiff was so concerned. These are
clearly material and traversable allegations, upon which issue
might be taken, and the fact tried by a jury; but no issue tried
upon this plea can bring any of these facts into controversy.
Upon thy tricJ it would not be necessary for the defendant to
prove any of them ; so that it is clear, that if the demurrer be
over-ruled, the Court will establish a right in a class of magis-
trates, or in some of them, to arrest without knowledge — without
suspicion — without a crime — without a criminal act
The class to which I allude is, the Lord Chancellor, the Lord
DANIEL O'COXNELL, ESQ., M.P. J 23
Treasurer, the Lord High Steward, the Lord Marshal, the Lord
High Constable, the four Judges of the King's Bench, and the
Master of the Rolls. (1st Blackstone, 350.)
I now proceed to show — 1st. that the plea does not state anr
matter sufficient to justifiy the imprisonment of the plaintiff',
or, in other words, that the trespass is manifestly a ialse impri-
sonment, notwithstanding anything alleged in the plea ; 2ndly,
that there is nothing stated in the plea sufficient to bar the
action for false imprisonment against the defendant. If I clearly
establish the first, I think I shall go far to induce the Court to
decide the second proposition in rny favour.
Now, as to the first, it seems unnecessary to go beyond the
unrepealed clause of the great charter — namely, that "no
freeman shall be imprisoned unless by the judgment of his
peers, or by the law of the lamd." Here I may rest my
client's cause, and call for that judgment of his peers, or that
]aw of the land which dragged him, without the ordinary
courtesy of summons or notice, from his family ; which asso-
ciated him through the streets of this city, as if he were a felon,
with the thief- takers of the police. Where is the judgment
which condemned him to sustain this inconvenience and con-
tumely ? There is none, my lords. It is not pretended that
there is any. And for Jaw we are presented with this warrant
— a warrant, not only assuming, but creating all the facts, and
fortified by nothing but its own allegations, commanding the
arrest of the plaintiff — a warrant, distinguishing, it is true, be-
tween meetings for the purpose, and those held under pretence
of petitioning parliament, but declaring guilt in either case.
But can it be insisted that this warrant answers the description
of the law of the land rt It seems to me. to be a monstrous pro-
position to call it so ; and, indeed, it would be more absurd to
call any man a -freeman who was subject to such a law. He
•would be the abject slave of caprice.
I know, ray lords, that a statute, the 37th of Edward the
Third, chapter 1, has explained the words le^em terrce to mean
" due process of law." Here I wish it to be distinctly under-
stood, that I, for the present, concede in argument, that which,
in point of law, I could not admit, save for the sake of argu-
ment, that the supposed offence charged upon my client, is one
for which any Subject is liable to arrest before indictment. It
is not a felony nor a breach of the peace, and, therefore, I do
not think an arrest before an indictment was justifiable in this
case ; but for the present I concede that it would have been
124 SELECT SPEECHES OF
justifiable upon " due process ;" and if this warrant be " di
process of law," is the present question. I have already sho^
.1 . 1 1 • i • 1 J * J * *
due
snown
that this warrant is not grounded upon any evidence, a suspicion
either of an existing crime, or of the plaintiff's being a criminal •
but to sanction an arrest, all these are necessary ingredients in •
lawful warrant, for no arrest can be made before indictment,
except there be either first a direct charge upon oath, stating the
existence of a criminal, and that the party actually is, or is sus-
pected to be the criminal ; or, secondly, strong and :x-ational sus-
picion declared on oath, of the crime and criminal. That this
is the utmost extent of the legal doctrine of arrests — that these
are the legal grounds to justify the granting of a warrant, appear
from all the books— 4th Blackstone, 289 ; 2nd Hale, 108, 110 ;
2nd Hawkins, 135-6. Hale, in page 110, represents the neces-
sity of examining the parties requiring the warrant upon oath, as
to the fact of the existence of the crime and the criminal ; and
Blackstone says, that " without such oath no warrant should be
granted ;" and the same law is laid down by Sergeant Hawkins.
By consulting these authorities, my lord, you will find that I
am borne out in asserting that this is the very extent of the law ;
for more ancient writers, as Lord Coke (2nd Institute, 51, 52)
had asserted that, before indictment or presentment, no man
could be arrested ; and all that Hale, Hawkins, and Blackstoue
contended for is, that Lord Coke is mistaken ; for that if there
be a charge upon oath, a warrant to arrest may be granted be-
fore indictment. This point, namely — that a charge upon oath
sanctions an arrest, is the utmost they contend for ; and Hawkins
concludes Iris observations upon the subject in these words —
" Yet, inasmuch as justices of the peace claim this power (that
of arresting -before indictment) rather by connivance than an}
express warrant of law; and since the undue use of it may prove
so highly prejudicial to the reputation as well as the liberty of
the party, a justice cannot well be too tender of his proceedings
of this kind, and seems to be punishable, not only at the suit of
the King, but also of the party grieved, if he grant any such
warrant groundlessly and maliciously, without such a probable
cause as might induce a candid or impartial man to suspect the
party to be guilty." (2nd Hawkins, 135-6.)
We have then got to the extreme of the law when we arrive
at arrests by warrants, because of a charge established by oath ;
and an extreme which has been resorted to, not because it has
the sanction of any express law, but by means of its necessity, tc
prevent the escape of felons before they could be indicted, "and
DANIEL O'CONNELL ESQ.. M.P.
from connivance at the long-used practice. It is not, indeed, in
>ases where it applies now, disputed, because, in addition to the
authority on which it rests in the direct opinion of the " sages
of the law," it has been recognized in some cases of felony by
those acts of parliament, which direct the manner, in some in-
stances, of giving bail upon such warrants. But there is no where
to be found any case of any allegation of any law writer cariying
the power of arrest further ; for I need not detain the Court by
any comment on the passage in 2nd State Trial, 5, 6, which re-
fers to Trogmorton and Allen (2 Rolle's Abi., 558.)
Mr. Perrin has, with the ability and learning he discovers on
every occasion, shown you that Hale must be understood as
meaning that the warrant of the justice is a justification to the
constable who executed it, not that the justice could protect him-
self by his own allegation. This distinction IK familiar to your
lordships ; and, although Mr. Foster seemed to rely on the pas-
sage, to sustain the defence of the justice who issued the warrant,
yet, Mr. Pennefather felt himself bound to admit that the pas-
sage is merely applicable to tfce constable ; and the case referred
to, Trogmorton and Allen, is accordingly the case of a justifica-
tion by a constable. There is, therefore, I repeat it, not even- a
solitary dictum in the books, and if there had, the research of
the counsel for -the defendant would have discovered it. There
is not, I confidently repeat, a single assertion in any law book,
that a warrant may be legally issued without a charge upon oath.
It follows, therefore, of obvious and inevitable necessity, that this
warrant was not legally issued.
It was not "due process of law." My client has been illegally
and against the provisions of the great charter, deprived of his
liberty. The defendant is guilty of false imprisonment.
This brings me to the second point ; for it is alleged, that
though the arrest was unjustifiable, although the defendant be
clearly guilty of a trespass and false imprisonment, yet he is not
responsible in an action for damages. In short, that although
he is not infallible, still he is inviolable ; but I trust, notwith-
standing, I shall be able to satisfy the Court of my second pro-
position— namely, " that the matter stated in the defendant's
plea is net sufficient to bar the action for this false imprisonment."
The plea contains nothing but the fact which appears on the face
of the decoration — viz., that the defendant is Chief Justice of
Jho Kirg's Bench, with all the authorities and rights belonging
to that office, and that he, as such, arrested the plaintiff by
means of a warrant. Upon this allegation, the counsel for the
126 SELECT SPEECHES OP
defendant contend that no action lies, and conceding that a tres-
pass has been committed, they say, that this is one of the instances
in the law where there is an injury without means of compensa-
tion, because the defendant being a judge of a superior court, no
action will bo against him.
It is, my lords, readily admitted, that no action lies against
any judge for any judicial act whatsoever ; but we insist that it
does lie against every judge for ministerial acts. This distinction
was taken by Mr. Perrin, and sustained with his usual force and
ingenuity. It was admitted by Mr. Footer, and though not ex-
pressly admitted, it was, as I shall show, distinctly recognised
by Mr. Pennefather, who, however,, has announced a new propo-
sition— namely, that no action lies for any act of a judge of the
superior courts, adding, in the meantime, any act done as a judge.
Now, if by acts done as a judge he means judicial acts, this is
conceded. If he includes ministerial acts, and that the judges
of the superior courts are in no wise responsible in actions, al-
though for the same acts, and within their jurisdiction, inferior
judges would be responsible ; this is not only denied, but the
charge of a " bold attempt" to subvert principle recognised in
every case he has himself cited, is retorted, and justly retorted
on the learned gentleman ; for, in Hammond and Howell (2
Mod. 218) quoted by him, the Court expressly say, " though
they, (the judges) were mistaken, yet they acted judicially, and
fox that reason no action could lie against the defendant." For
what reason 1 Not because the defendant was judge of any par-
ticular court, but because he acted judicially. And in Floyd v.
Barker (12th Coke, 23rd) also cited by him, this distinction is
expressly t&ken — " A judge or justice of the peace cannot be
charged for conspiracy for that which he did onenly in court, for
the causes and reasons aforesaid."
The two next causes cited by the learned gentleman, not only
confirms the distinction we rely on, but illustrates its application
in practice. These cases are Barnardiston v. Soames (2 Liv. 114)
and Ashby and White (2 Lord Raymond, 938). In the first of
these cases it was held, that no action would He for falsely and
maliciously making a double return to Parliament. Why ? Be-
cause the judges were of opinion that the sheriff acted, in that
respect, judicially. In Ashby and White it was held, that for
rejecting the vote of a person qualified to vote at an election, an
action would lie against the sheriff. Why1? Because it was
held, th.-it the sheriff acted, in that respect, ministerially. And
this cliatiuction is further recognised and acted on in the next
DANIEL O'CONNELL, ESQ., M.P. 12 "4
case cited by the learned gentleman, of Mailer v. Scares (V Black-
stone, 1141), where an action was held to lie against the Com-
missioners of Bankruptcy, for improperly committing a man for
not answering satisfactorily. It was held to lie, because their
•>ffice was considered executory and ministerial, and not judicial.
Let me add to tiiese authorities the case cited by Mr. Perrin,
and commented on by the gentlemen on the other side, in yfreen-
velt v. Benweli (in Salk. 396 ; Lord Raymond, 467; and.' Cum.
77).). The Court will find the judgment of Lord Holt given
very distinctly in Cummins — " And that no action will lie
against any judge for what he does judicially, and of record •
but if a justice of the peace issue a warrant, and commit a party
without cause, he may be punished, because the act is only mi-
nisterial, and the commitment only intended for process and not
for punishment ;" and lie cites, from 1 2 Coke, Nudigate's case.
He was a justice of the peace, and though he recorded a cir-
cumstance falsely, yet, as he acted as a judge, that is, judicially,
no action would lie. Now, compare the cases. If Nuiigate
had issued a groundless warrant for any act of violence, an action
would have lain against him, because the act was ministerial ;
but when he acted judicially and upon record, no such action
could be maintained.
Thus, my lords, all the cases establish our distinction between
judicial and ministerial acts, as well those relied on at the c o»
posite side, as those cited by Mr. Perrin. But where is the dis-
tinction stated by Mr. Pennefather to be found ? I have been
unable to trace it in any of the cases ; and if you examine the
authorities from which he has endeavoured to infer such a dis-
tinction, I think you will join me in considering that his infe-
rences are unfounded, and his positions untenable.
And now having I trust, established that which is, indeed, a
familiar distinction to your lordships, I shall proceed to show
you that the issuing of the warrant by the Chief Justice was a
ministerial, and not t. judicial act. 1 admit that the Judges of.
the King's Bench are coroners and conservators of the peace
throughout Ireland, and it is in this capacity of conservators of
the peace that the present warrant was issued, or indeeu could
have been issued. None of your lordships, notwithstanding the
dignity and extent of your judicial authority, could issue such a
warrant, because none of you is a conservator of the peace
throughout the different counties. But the conservator of the
peace was, and is, a merely ministerial officer. In page 354,
volume 1, Blackstone says, that his power consisted "" m sup-
128 SELECT SPEECHES OF
pressing riots, and taking securities for the peace, and in appre-
hending felons and other malefactors. This would appear to be
the full extent of the common law authority of conservators of
the peace. The Court is, of course, rally aware that the consti-
tution of justices of the peace is widely different. The power
of electing conservator? of the peace having been taken from the
people, and vested in the crown, by the 34th of Edward the
Third, chapter 1, they first got a judicial character, were em-
powered to try offences, and obtained the name of justices. —
(Blackstone, 350.) The justices of the peace are judges of a court
of record — the conservators of the peace are not so. This power
of conservator of the peace the Chief Justice of the King's Bench
holds in corumon with the Chancellor, the Master of the Rolls
and the other persons whom I have named ; and if this be a
good justification for him, it would be equally so for the Master
of the Rolls, for he has closed in him the same authority in his
ministerial capacity. Then was the warrant issued improperly,
as it was, in itself, a ministerial act. For this I have the expre«?
authority of Lord Holt; his words are, an action will lie for im-
properly issuing a warrant, because the act is only ministerial,
and intended for process not punishment ; and 1 have the equally
explicit authority of all the cases from Windham v. Clue, (Cro.
El. 130) to Morgan v. Hughes, (Second Term Report, 225,) and
those cases which occur every day, in which actions are main-
tained against justices of the peace for issuing warrants without
legal grounds, although those justices are judges of the very
courts in which the offences specified in those warrants are triable,
although they have jurisdiction over the offence and the offender,
and although for their judicial acts in that very matter no action
would lie. This, then, is a ministerial act, done by a ministerial
officer, for which, whatever be the number and value of his other
high dignities, he is responsible to my client.
I shall now follow Mr. Pennefather in a few observations upon
some of the other points which he has laboured in this caae ; and
first, where he insists that this must be taken as a judicial act,
because it is averred to have been done by the Lord Chief Jus-
tice ; and as we have not traversed the fact of its being so done,
and in order to sustain this proposition, he cited Eton v. Southly,
from Walker. I shall dismiss the case by observing, that all it
proves is, that an allegation " that A. B. having been possessed
i&s a tenant at will," is a sufficient averment that he then was
tenant at will — but we are not disputing upon averments in this
instance. Tt is sufficiently averred that the defendant was Chief
DANIEL O'CONNELL, ESQ., M.P. 129
Justice, and as such, namely, by virtue of the office of conserva-
tor, which that dignity conferred on him, issued this warrant
Can it be seriously contended, that issue should have been taken
upon the title the defendant chose to style himself by, when he
issued this warrant? What would the jury have to try1? Cer-
tainly something very immaterial — the appellation the defen-
dant chose to be addressed by at that moment. But the ques-
tion is, whether this be a judicial or a ministerial act. Now,
can the nature of the act depend on the name or title of the ac
tor ? — Is the quality of the fact to be changed with the dignity
of the doer"? But, really, it does not appear to me that I should
be at all justified in detaining your lordships upon this part of
the case.
The second point in Mr. Pennefather's argument, to which 1
have to entreat a few moments of your attention, is that part of
the case in which, without admitting the distinction between
judicial and ministerial acts, he still acknowledged its authority,
by the pains he took to prove the granting of a warrant to be a
judicial act. He first insisted that no action would lie for un-
justly issuing a fiat, and then he compared warrants to fiats.
Now, it may be conceded that no action would lie in the first
case ; but if warrants be fiats as process to bring the party in,
then the authorities and cases in which actions have lain against
justices of the peace for issuing warrants are all mistaken, and
a discovery is made that by comparing warrants to fiats, the de-
fendants would have been entitled to non-suit the plaintiffs in
those actions — a mighty discovery, truly ! ! ! But if this be a
point of non-suit only for a Chief Justice, this absolutely would
follow, that if this identical warrant had been issued by my Lord
Mayor A. B. King, who is a magistrate of great dignity, and I
presume entitled to some veneration from the counsel at the
other side — if the Lord Mayor who is also a presiding judge at
the sessions had issued this very warrant, an action might have
lain against him, because it was ministerial, though to the extent
0f trying and punishing this crime, he is as fully a judge as the
present defendant.
It is contended that the superior quality of the Chief Justice
alters the act into a judicial one — it becomes a 3at and not a
warrant, and no action can be maintained ; but there is, really,
no similitude between the two ; a fiat is only aii order to the
officer to make out a writ or process — a warrant is the process
itself ; the writ issued on the fiat, must, of necessity, be return-
able in the court out of which it issued — a warrant is not return-
130 SELECT SPEECHES OF
able at all, and it is intended to force in a party to any court
having cognizance of the offence, within the territorial limit of
the officer who grants it. In Blackstone, 294, are these \vorda :
•' The warrant may be either general or special ; general, to bring
the offender before any justice — special, to bring him before uny
individual justice." So that this warrant is part of a case after--
wards tried before the defendant, only because he chose not to send
the plaintiff to the sessions. It has, therefore, no necessary con-
nection with the Court of King's Bench, nor indeed any otber con-
nection with, that court, but what the defendant chose to give it.
Next, the case of the King v. White (Cases Temp. Hard. 37)
has been relied on. To prevent any controversy I have brought
the book to read it. [Here Mr. O'Conuell referred to the book,
but it was thought unnecessary by the Court, and passed with-
out debate.] Now, what does this case prove] Does it convert
any ministerial act into a judicial act? Does it alter or qualify
the authority of the cases I have mentioned. It proves, uojhiu^
but what is familiar in every day's practice, namely, that all om
cers of justice are under the control of the King's Bench. Whore
complaints are made to that court of any magistrates or pffk
if the fact be admitted, they grant an attachment — if ^he fact
be disputed, they grant an information to have it tried by a jury.
Tn the King v. Reilly, (T. T. Kep. 20-4,) the King's Bench at-
tached Mr. Rfcilly for calling a meeting of the county. Lord
Earlsfort there lays it down, that the Court of King's Bench has
a general control over all inferior courts and inferior officers, and
tiie power of punishing them by attachment for misconduct ; and
it clearly follows, that an attachment might, upon these adrni''-
ted principles, have been granted, if the constable had disobeyed
the warrant of any other magistrate. Thus the King v. Whit?
proves nothing but what was not denied, viz.t the power of th$
Court of King's Bench to punish the misconduct of inferior ofii-
cers as for a contempt of that court. The arguments drawn
from the cases of fiats do not apply; and if they did, they v/ould
prove too much, and are encountered by all the cases in which
magistrates have been convicted on actions for issuing warrants.
The capacity in which the defendant acted is a matter of la\v not
capable of being tried by a jury, and not altering tbe nature of
the act. That act was a ministerial act, which is not protected
from actions, and not a judicial act, which is protected ; and,
lastly, this arrest upon those pleadings is a false imprisonment;
for which the defendant is bound to abide the verdict of a jury.
I have now, inv lords, lyrgued the case, and have only to add
DANIEL O'CONNELL, ESQ., M.P. 131
a word or two in reply to some general topics introduced by Mr.
Pennefather — 1st, he said that this was one of that class of inju-
ries for which there i& no remedy. He cited the case of Lecaux
v. Eden, but it does not prove, by any means, what he would
wish to establish. The aggrieved party here, though he did not
get immediate redress, was tokl that an appeal to the Court of
Admiralty would be efficacious. Mr. Pennefather talked of a
case of felony in wrhich the party had no redress by the recovery
of damages, but it could not escape observation, that if he was
not remunerated in money, lie would in the punishment of
the offender. He commented upon the expediency of suffering
a private injury for the purpose of effecting a public good ; but
though I admit, most cordially, the general principel, yet I deny
its application in the present instance. He has bestowed some
words upon the necessity that existed for the defendant's inter-
ference in the case of the Catholic delegates. I do not see this
necessity. There were many persons who could, with the great-
est propriety and delicacy, fill his place on such an occasion.
But if, as Mr, Pennefather would contend, the Chief Justice
acted in his judicial capacity in granting a warrant against my
client, see to what a predicament he has been reduced. He has
first judged my client ; secondly, resorted to the mockery of a
process to bring him to trial ; and, thirdly, judged him again !
And what would, my lords, be the consequence of suffering thia
extraordinary and monstrous power in a chief justice ? VVhy,
my lords, if my Lord Ellenborough, the English Chancellor,
or the Master of the Eolls, had conceived any malice to any of
your lordships to-morrow, they might issue their warrants and
drag you from your bench to answer a fictitious charge before
them, and do all this, subjecting themselves to no penalty 1
Mr. Pennefather has, lastly, told us, that the subject could
resort to parliament, in the event of any unwarrantable pror
ceedings on the part of the Chief Justice. Why, my lords,
what a mockery this is ! If the Irish peasant has been aggrieved
by a chief justice, it is a consolation for him to have the liberty
of making a miserable passage to Holyhead, then walking bare-
foot to London, and, lastly, stating his wrongs to the imperial
parliament, in a language unknown to them. My lords, I anj
confident you cannot— from a due consideration of the authorir
ties I have cited, and the reasoning that has been advanced on
our behalf — decide againstrug.
The Court signified that judgment would be given on Tuesday.
TK.wever, at the sitting o{ Ua» Court upon the next day, Loid Norbury announced that
1 32 SELECT BREECHES OP
klmselt and brother judges were so fai from having made tip their minds on the poh'
issue, that they " required more argument from counsel," and appointed the succe'H
Tuesday (that day week) for the hearing. Upon that day judgment was deferred till
next term, and then decided against the Catholics.
VOTE OF CENSURE.
Ox tne 5th of December, 1812, the Catholic Board again met, when Dr. Dromgook- retire*,
the subject of the vote of censure and in an able speech contended against its impolicy
concluding with a motion to the following effect :—
" Resolved — That, in order to meet the public and private calumnies
which the enemies of religious liberty have circulated, we feel ourselves
bound to declare, that the resolutions of last spring and sumraer, re-
specting candidates for parliament, could not be, and were not intended
to enjoin or sanction the violation of promises entered into at any time
previous to their adoption."
Mr. O'Gorman recommended the adoption of tola resolution.
Mr. O'Connell said he was anxious to second the motion, a*
•well because he concurred most heartily in every thing that fell
from his respectable friend, Dr. Dromgoole, as from his wish to
take at length an opportunity of delivering his sentiments dis-
tinctly upon the subject which had caused so much of agitation
amo'igst the Catholics themselves. One would imagine that we
really were at a loss for enemies, so sedulous did we appear to
excite them amongst ourselves. One would suppo-^e that Ire-
land was not sufficiently divided and distracted already, but
that division and dissension in the Catholic Board could be
afforded in addition and as a pastime. Indeed, the progress of
this unfortunate feud in the Board might have been arrested at
a certain period. Perhaps, I draw upon my mere vanity, when
I indulge the dream that I could sooner have terminated it ; but
full sure I am, that I ought to have sooner endeavoured to do
so, but I was restrained by motives which, upon reflection, I am
unable to justify.
It is due to candour to state them : — in the first place, it was
impossible not to see, that your resolution, although dignified
with the appellation of an abstract proposition, was intended
first, and principally, not altogether, for a single individual. I
do not say that it was the design of the movers to use it as the
instrument of particular vengeance ; they have disavowed any
such, design, and we are bound, as we are ready, to believe them.
DANIEL O'CONNELL, ESQ., M.P. 133
The effect, however, was precisely what I have stated with the
individual thus alluded to. I mean Mr. Lalor ; I am proud to
AVOW my conviction. I have the pleasure to be his intimate
friend ; I have the honour to be his kinsman ; I boast of his
friendship, because I have long known his worth in all the rela-
tions of private life, and in our public cause. I have seen him
.n this Board, ever ready to adopt the most manly, spirited, and
honourable course ; he never spoke amongst us of entering iuto
any timid compromise with our enemies ; he never shrunk from
danger. When we were menaced with any persecution, he was
of the first to throw himself forward ; his spirit rose with our
perils, ay, and his determination increased with our difficulties.
I loved him, because I saw that his views were confined to the
good of his country — that he had not, and could not have
any personal motive — that, with generous heart and open hand,
ne contributed to all your expenditures, and that his existence
was ever at your service. I saw that every vote he gave in your
ooard or committee, was precisely that which struck my humble
judgment as the best calculated to serve your interests.
With those public and private qualifications, I was, and am
proud of obtaining the friendship of my respected relative. And
I now condemn that species of mistaken delicacy, which pre-
vented me at an early stage of this business, from taking an
active part in opposition to your resolution ; I imagined that
my opposition would be attributed to the zeal of private friend-
Bhip, and not to that which, in truth, suggested it — the firm
conviction of my conscience. There was another motive which
also contributed to paralyze my resistance to the resolution of
last meeting — I am ashamed to have yielded to it for one mo-
ment — it was this : Mr. Lalor's vindication, which has appeared
in the public papers, was well known to have teen written by
me ; it was known that I had written it, merely in the exercise
of professional skill, and for the ordinary inducements of pro-
fessional exertions. I did not feel myself at liberty to refuse
drawing it in that capacity, but in none other would I have con-
sented to do so. I may be much mistaken, but I thought that
1 ought not to lend myself personally to any part of that vindi-
cation. With all the facts (except a single one of no moment to
the general question,) I was a total stranger ; and in the contro-
versy as to the then pending election, if I were personally to have
interfered at all, it would most certainly have been in favour of
the candidates who have succeeded. Having, however, once
acted as Mr. Lalor's counsel, I am ashamed r.hat I shrunk from
134 SELECT SPEECHES OT
the base cft'umny which might have imputed to me the e;enf;i-
ments of profession, in resisting the general vote of censure- -
it was unbecoming of me to yield to so paltry and pitiful an in-
fluence of delicacy. You well know whether I am a man likely
to be influenced in my conduct in this Board, by any other mo-
tives than those of honour and of conscience. I speak of myself
with all humility, yet I own I entertain the expectation that my
countrymen in general require not from me any defence against
the imputation of mean or selfish motives ; yet they were these
false delicacies that prevented my opposing the resolution of
abstract censure, as ii has been caUed, determinedly and upon
principle.
For I could not see what right or authority you had to pass
any such resolution. If Mr. Lalor had forfeited the confidence
of the Catholics of the county of Tipperary, they might have
declared that he was no longer to be a manager of their petition,
as the Catholics of Newry did with respect to Mr. Jennings, and
fronji that moment he would have ceased to be a member of this
Board : but when you passed a vote of censure, you clearly
travelled out of your authority, and into the hands of the Attor-
ney-General— you abandoned, for a moment, the conduct of
your petition, for which alone you are appointed, and you com-
mitted yourselves to the tender mercies of your friends in the
King's Bench. It is, therefore, fortunate that your resolution
passed, as I am ready, if necessary, to show, irregularly, and
after having been, in point of fact, negatived. I do not say this
to reflect upon, or to diminish the triumph of those who have
succeeded in that vote ; I introduce it simply to show you, that
we have a valid defence against any attack of the Attorney-
General upon this ground — an attack which, I am convinced, he.
would have already commenced, but that he and your other ene
raies imagine that you are about to do their work for them, and
to destroy yourselves ky your own dissensions.
There is an unhappy spirit broke out amongst us. It is the
inevitable consequence of turning this Board into a species of
mock tribunal, and destroying individuals with an axe, which
you call "abstract censure." In plain truth, 'how is it possible
we should judge with discretion or discrimination upon the mo-
tivjs that may impel private individuals ? Their neighbours in
their respective counties may be able to judge of them, and they
certainly are able to punish them by exclusion from this Board.
But how are you to summon witnesses or to examine them, to
form any estimate of facts? I will teV you what the witnesses
DANIEL <f CORNELL. TiSQ., M. *,. ' 2.S5
are — public report — a Irar to a proverb— and anonym otis cal-
umny— an assassin upon record. I mysell', for example, have
no less than five anonymous letters lying upon my table, which
charge my estimable friend with every atrocity. I know of my own
knowledge, that it is simply impossible that some of them should
be true — I am convinced they are all false. Yet, how mair*
members of this Board — how many excellent and truly honest
men may not be influenced in their decision ois Mr. Lalor's case, by
communications which may have reached tb .an in a similar way !
Jn truth, it would be most dangerous for us to usurp the
power of judging of facts, which we want the means to investi-
gate. But my great objection must be repeated : the discussion
of questions of this nature, affecting particular individuals, must
necessarily tend to excite personal animosity amongst us, and to
produce irritation and 'rancour. I appeal to you, whether it
has not already had this effect. Indeed, I need not make the
appeal ; there is not a man in the Board who has not seen, with
regret, a spirit of violence and of hatred — the very genius of
personal malignity settling here, where all was peace, and una-
nimity, and cordiality.
And have we not enemies enough, and to spare? Have we
not Lord Manners and his Grace of Richmond in front, whilst
tl»e Attorney-General and the Dublin Grand Jury hang on our
rere? Have we not on our flank the bigoted Liverpool and
that Castlereagh, long exercised in >every dark stratagem of
ruin, whc would, for emolument, barter a seat in heaven, ii
be had any interest in that country. At this moment bigotry
i.s awakened from the slumber into which Protestant liberality,
in Ireland, had cast her — bigotry, at the command of power —
bigotry, lured by the beloved voice of interest, has aroused in
evsry part of the land. The first in station and in rank set the
example of obedience to the command which they themselves
issued. Every little village bigot in the land is animated with
the hope of discounting his despicable malignity into the pay
and plunder of some office. Mark the active rancour of their hosti-
lity : Hutchinson — the patriot Hutchinson — is opposed in Cork
for 'jeing your champion. The opposition of the Castle stoops
to all the meanness of personal animosity; it disgorges its domes-
tics and menials, from the highest to the lowest Against him ;
the refined amusements of our refined government are suspended
• — even Casasino stood still, and the tea-table was unattended —
everybody was absent- — everybody was sent to oppose Hutchin
son, because he was the friend of the Catholics.
1 36 SELECT SPEECHES OP
The clergy, who sometimes have a most admirable instinct in
discovering what is for their interest here, as well as hereafter,
ore many of them active against us ; they are easily marshalled
under the auspices of a right rev. prelate of the Established
Church — the son of Popish parents — the brother of a Popish
priest, who has published a pompous pamphlet against us, of
great promise and pretensions, but of little performance, savo
what it effects by the very difficult and novel process of repeat-
ing calumnies a thousand times refuted, and abjured, and contra-
dicted upon oath, by every Catholic in Ireland. I should be
content if we were at leisure to investigate the worthy prelate's
motives, or that we even had an opportunity of printing, in the
same shape with his pamphlet, another literary morceau of the
learned and pious divine. It was, I believe his first attempt —
a farce, called the " Generous Impostor !" — oh, the generous im-
postor! The theatrical dictionary informs us, that this farce was
damned ; a friend of mine who happened to have seen it, assures
us that there was a warmth of expression in it — he would not
for the world call it an obscenity, which in some quarters would
Almost atone for its dulness, but it was too dull even for the vi-
cious taste of a London audience to preserve it for its seasoning.
But, perhaps, this pamphlet is as great a farce, in the Fitzwil-
liam administration, as the silent exertions, if not the pamphlets
of the divine were at the other side — oh, the generous impostor !
Look to the counties — see how you are calumniated. I have
already more than once had occasion to remark, the principle of
this administration is falsehood ; this principle betrays itself in
all its acts; it, therefore, unblushingly, circulates its calumnies
against us, with the most thorough conviction of their total
want of truth. Where it cannot procure the direct assertion of an
untruth, it is content with an insinuation containing the same
meaning. Thus, for example, a fraction of the county of Dublin
Grand Jury could never have dared to charge the Catholics of
Ireland plainly and directly with high treason, but they have
had the meanness to insinuate it covertly and in bad English.
We should thank them little for the prudence which taught them
to avoid the direct assertion, when we meet the depravity that
allowed them to make this oblique and unmanly attack on our
characters. Where is the individual amongst them that would
venture to make the foul and false insinuation of disloyalty to
any gentleman of this Board ? and if there were any individual
so rash ae to use the insinuation, I know the chastisement ho
would meet with and receive. But. as a body, we are calumni-
DANIEL O'OONNELL, ESQ., M.P. 137
*ted with safety, because we are idly busied in dissension and di-
vision amongst ourselves.
Take another example — one of direct falsehood — what Snnk-
speare calls the "lie direct;" and not, as in the case of the giuis I
jury, the ''lie by equivocation." An advertisement has appeared
in the Dublin papers, stating that a meeting of the Protestant
freemen, freeholders, and inhabitants of Dublin had takeu place.
Now, this means, and -was intended to mean, a public meeting,
at which every such Protestant might have attended. But was
there any such meeting? There certainly was not. Everybody
knows there was not. It is a falsehood — false as God is true —
a falsehood signed with the classic name of Abraham Bradley
King, Lord Mayor, but not the less unfounded. The noble,
grand Lord Mayor just certifies an untruth. He might and
probably had a parlour or dining room meeting, but it was no
more what he says — a meeting of the Protestants of Dublin, than
it was a meeting of the Jews of Frankfort. This untruth, how-
ever, is of advantage to our enemies. Why? Because we have
left it uncontradicted — because we have been so busy in quar-
relling with one another about Mr. Lawless's abstract censures,
fhat we have not had leisure to mark with our public contempt
the scandalous and impudent falsehoods with which we are a«-
sailal.
But let us return to our ovn affairs. Let us return to the
consideration of the state of the Catholics' rights. Let us make
peace amongst ourselves and carry on the war of words only
*-ith our enemies. All our vigilance, all our zeal, all cur ac-
tivity, are necessary for our protection. We cannot afford to
squander or exhaust any part of them in a quarrel amongst our-
«elves. You have passed your vote of censure — be content with
it, allow us merely to qualify it, by excluding the possibility of
any person being deemed to come within it, who ought nrt to
do so. Those are persons whose faith was pledged previous to
your resolutions of last spring and summer. You admit that
such persons are not the object of your censure. All we require
is, that you should declare the fact to be so. If your sword af-
terwards be wielded by private malignity out of this Board, the
declaration we require will serve for a shieiu, co-extensive with
your censure, to those who are entitled to wear that protection.
I can assure you, that my esteemed friend (Mr. Lalor) desires
no other, nor would any man be his friend who sought anything
further. All he desires KS for the honour of the Board itself,
that it should not be said that you censured him for observing
K
138 SELECT SPEECHES OF
the promise in which he had pledged the honour of an Irish gen-
tleman. By this means you will vindicate the Board from a ca-
lumny, not less actively circulated for being unfounded, and you
will restore that harmony and good temper amongst us, which
are so necessary for our preservation at this perilous junction.
1 do therefore conjure gentlemen, in the name of that afflicted
country which has so many ardent and affectionate votaries in
this room, to waive all matters of form, and let us now, at once,
adopt a resolution of admitted truth and necessary conciliation.
Let us think that poor Ireland, goaded and distressed, wants all
our attention. Let us sacrifice every angry feeling — turn from
the past with the temper of forgiving kindness, and to the future
with all the firmness which will result alone from unanimity in
our own body ; continue divided and our cause is lost for ever.
This speech is reported to have made a powerful impression.
The result, after some explanatory speeches from persons who had supported the vote ol
censure, was the unanimous carrying of Dr. Dromgoole's resolution.
CATHOLIC ASCENDANCY.
THE aggregate nweting, of wh.ch Mr. O'Connell had given notice, WM definitively fixed f<\
ruesday» the 15th of December, on which day it accordingly took place in Fishamble street
tnontra
The first six resolutions hew passed bore reference to the preparation and presentation
of the Cacholic petition to both houses early in the next session ; and also to the prepara-
tion of an address to Mr. Hely Hutchinson, expressive of Catholic feeling towards him.
The seventh, eighth, ninth, tenth, and eleventh referred, in indignant terms, and with
itrongly worded contradictions, to allegations in recent addresses of grand juries (city of
Dublin, Ac.) charging the Catholics " with disaffection— with entertaining disguised aur.
iecret views, and with an intention to obtain a Catholic ascendancy."
Then followed thanks to Sheriff Harty, for his conduct in his office ; and, as usual, to the
Protestants who had attended, in particular to Counsellors Finlay and Walsh, for their
Beeches.
On the resolution respecting Mr. Hutchinson being put from the chair, there was, as th*
newspapers inform us, " a loud and general c*il for Mr. O'Connell, and when he came for-
ward he was greeted for several minutes with the most enthusiastic plaudits."
Mr. O'Connell commenced with a v«sry warm eulogium on Mr. Hutchinson, and dwelt at
•oine length upon the loss of his election. We take up the report of his speech, where h«
commenced to deal with the recent exhibitions of tLeir euemies.
The meetings in some of the counties where resolutions, hos-
tile to us, have been passed, cannot properly be called Protestors
meetings. I say properly, because, although the parties wh*
were there prominent assumed the denomination of Protestants,
taey were, in reality, of ro religion at all, except, indeed, in so
DANIEL O'CONNELL, ESQ., M.P. 139
fur as might give the means of carrying on a base traffic, and
turning the profession of it into money. I shall not think it
necessary to name the people to whom I allude, for I am quite
sure you will agree with me that their names are of no very high
importance. If one instance might be given, and cne as insig-
nificant as need be, there was John, Earl of Aldborough. (Hear
and laughter.) His lordship was very active in defence of the
church, and he was by no means to be blamed ; on the contrary,
he deserved the greatest commendations for having c^rne forwari
so boldly, and oliered himself as a martyr for the good of tb*
church ! Such men honourad the cause they supported (laugh-
ter), and the cause, in its turn, honoured them just as much.
In Dublin, the sixteen grand jurymen who had signed the re-
solutions against the Catholics might have been bought (he was
going to say might, perhaps, be sold) by those worthier seven
who have refused their signatures. But he was not going to
waste time with the men, it was with their resolutions and peti-
tions that he had more properly to do, although, in truth, it was
little better than a waste of time to deal even with them. (Hear
hear.)
These resolutions and petitions displayed a glorious continu-
ance of the system under which the ministry, which had fostered
their rankness, had begun its career— the same barefaced r.nu
jrnpudent falsehood — the same meanness and cunning. To that
dystem the majority of one, which they had obtained last session
in the House of Lords, was solely attributable. (Hear, hear.)
They had, in their official paper, in the Moniteur of the ministry,
published a falsehood — a foul and calumnious falsehood — imput-
ing to the Catholics a conduct disgraceful and mean as their
own ; and by this had they operated upon the unsuspecting
minds who would otherwise* have voted with what turned out to
be the minority. To the same base system recourse was had
now. The London Courier, the same paper I have alluded to,
has, in its last number, a paragraph, stating that the " Third
Part of the Statement of the Penal Laws, aggrieving the Catho-
lics of Ireland," had been received in London ; and that it con-
tained a full and faithful account of the views of the Catholic
body. They already knew that this was a pure and mischievous
falsehood ; the so called "Third Part of the Statement, <fec.," was
a production of some of the hired writers of the Castle, and was
only to be found in the shop of Jack Gifiard, or some of hk
compeers in corruption and bigotry.
But to return to the resolutions of the meetings. They had
140 SELECT SPEECHES OF
brought forward various accusations against the Catholics, and
to one of them I, for one, am perfectly ready to plead guilty.
They have said that what we once asked as a boon and as a
favour, we now demand as a right ; and they say well. We do sc.
(Hear, hear.) I would take Emancipation in whatever shape
it came j if it was even hrld out as are the alms of a beggar, I
should accept it. But should I for that the less consider it as a
right which was my due, and which ought to have been obtained
by insisting on it as such ? Certainly not. I am glad from my
soul that they admit this — that they allow we consider it as a
right. - For when they allow that we demand it as a right for
ourselves, do they not likewise allow that we grant it as a right
to others ? ^nd they themselves do away with the foul calumny,
that our religion leads us to believe that no one should have
equal right with professors of it. If religious liberty is right
to one, it is a right to all. When we, therefore, say it is a right
to us, we allow that the same right belongs to the Quaker, the
Presbyterian, the Dissenter. We do not ask it as relying on
our numbers, our strength, or the wealth of our body ; we come
forward on the broad principles, that political equality is the
right of men of all religions ; and this our enemies allow ; let
them not, therefore, shrink from the consequence.
But if they have said the truth in this instance, they have
amply compensated it in others by the most unblushing false-
hoods. They have thrown out imputations in their resolutions
which, I am sure, they themselves are conscious of being grossly
calumnious, and which they would not dare, even in terms the
most distant, to insinuate in private life to any Catholic gentle-
man in Ireland.
They have said that the Catholics are disaffected. Yet how
often have these Catholics sealed their loyalty with their blood !
If the Prince Regent has forgot Ireland in his speech, his ene-
mies might remind him of her by the respect which they pay
him in consequence of the resources he derives from her. Lid
not Vimiem — did not Talavera and Badajoz give proofs of the
loyalty of the Catholics ? at Salamanaca, was it not felt in the
terrors of rout and defeat by every flying Frenchman ? It has
been amply proved. And if Britain would know the benefit she
derives from the proof of it, she may have an idea from but one
solitary instance. Before the late removal of part of the Penal
Laws, I myself had no less than forty relations in the military
service of France, from an inspector-general of infantry down to
\ lieutenant ; 1 have now none : but in every victory which
DAMEL O'CONXELL, ESQ., M.P. 14i
graces the military annals of the British empire, I have to trem-
ble in perusing the Gazette, lest I meet among the lists of the
honourable dead, the name of some dear and respected relative.
Sixteen are at this moment serving in the Peninsula. If such
be the case only in one instance, and resulting only from the re-
moval of a part of those laws, what might not be expected to the
interests of Britain, were the same benefit extended to all, and
the hopes of our youth allowed, in every instance, to be bound
only by their merits !
They accuse us of a wish for Catholic ascendancy. Their in-
consistency in the accusation is glaring and ridiculous. They
first blame us for asking Emancipation as a right ; and they
then say that we are desirous of a Catholic ascendancy. Doet
not the demanding Emancipation as a right imply that at
equality of privileges is the right of every citizen, be his religion
what it may ? And does not the wish for a Catholic ascendancy
imply, that we think no man ought to be on an equal footing
with the Catholic ? The absurdity is manifest : they accuse us
of saying that an equality of civil privileges is the right of every
citizen, of whatever persuasion ; then they accuse us of saying,
that there should be no such thing as an equality of privileges ;
and they condemn us for both.
But their absurdities sliall not be the ground on which we
shall defend ourselves. The accusation is contrary to our feelings
— to our opinions; we have already expressed our disapprobation
of any connexion subsisting between government and the Catho-
lic prelates ; and I am free to say, that there is no event which I
should consider more fatal to the liberties of Ireland than what
they have called a Catholic ascendancy. Our prelates would no
longer be the respectable characters in which we now revere
everything that is virtuous or respectable ; they would, at least,
have more temptations to become otherwise ; and whenever they
should degenerate into the tool of the minister, then should I
consider the doom of Ireland as sealed for ever.
There is, I am sure, no man of education who hears me, that
does not join in the opinion that 1 have offered; and there is none
who, even in the warmest moments of enthusiasm for the pros-
perity of those professing the same religion with himself, that
can be charged with having ever uttered a word inconsistent with
it. I do not refer our enemies to the resolutions of our meeting?* ;
but let them go to the most incautious speech that ever was de-
livered at any of them — let them scrape together words uttered
in tho heat of debate, even then I defy them to find a sentence
142 SELECT SPEECHES O*
that will bear them out in their accusations. It is not necessary
for them, after being foiled in the search, to betake themselves
to conjecture, and to build a conclusion, on their own supposi-
tions, of our wishes ; for well they know, that we have too much
of Irishmen about us to conceal them, did we entertain them.
So far, indeed, from wishing for ascendancy, we do not desire
that we shall be necessarily taken into any office or political em-
ployment whatever ; all that we insist upon is, an enlargement
of the prerogative of the crown, by which his Majesty may be
allowed a, wider range in search of virtue, talent, and respecta-
bility, among his subjects, in selecting the offices necessary in
his government.
There is another circumstance of much importance, which I
think it necessary to call your attention to. Every body recol-
lects that the last parliament was pledged — solemnly pledged to
the serious and immediate consideration of our claims. The
present parliament is completely bound by the promise of the
ormer ; it is still the imperial parliament, though a few, and
very few, indeed, of the persons composing it have been changed ;
I should hope it will recollect this ; it would be a most truly
gross and miserable chicanery if it were to attempt a recantation,
knowing, as we do, that not even the whole of the new members
amount to near the majority, which had the wisdom to decide
on giving us a hearing. There is a solemn and deliberate treaty
— a direct and unequivocal pledge ; it is true, we have known
treaties violated ; and it is, unfortunately, full as well attested,
arid that to our own knowledge, that pledges have been left un-
redeemed. Let them recollect the terrible confusion that ensued
when a former pledge was revoked* I shall quote an authority
for them, and one which they will be likely to respect, that of
Sir Lawrence Parsons, now Lord Ross, as to the probable conse-
quences which he thought were likely to result from retracting
that pledge — consequences far more dreadful than I shall either
look for or suppose.
When Lord Fitzwilliam came over to this country as chief
governor, he gave a pledge for the repeal of the penal laws, when
by one of those changes, not unfrequent in the Pitt administra-
tion, the pledge was left unredeemed, and that patriotic earl was
recalled. When the subject, however, came before the House of
Commons, Sir Lawrence Parsons delivered his sentiments, and
we have, those remarkable expressions in the report of his speech.
It is impossible to assert that it gives precisely his words, but if
any report be correct, I should suppose this to be, for it seem?
DASJF.J: erONNEM., EPQ., M,r. 143
to bear great marks of care and attention. The report states,
that Sir Lawrence Parsons said in the House of Commons, " if a
resistance to any thing would be productive of evil consequences,
it was that against the wishes of the people, and the prospects
srhich have been held out to them ; that if the demon of dark-
ness should come from the infernal regions upon earth, and throw
i fire-brand among the people, he could not do more to promote
mischief." I hope some one will remind him of this part of his
speech at the King's County meeting, which I hear he is to at-
tend to-morrow. He continues, "he had never heard of a parallel
to the infatuation of the minister ;" he may see one now ; "and
if he persisted, every man must have five or six dragoons in his
kouse." f ;i
And it was true ; for in many houses it was necessary for the
owners to haye five or six dragoons, and the whole country was
thrown into confusion. I hope and trust that no such conse-
quence will ever again occur, though sure I am that such is the
desire of the British minister. He wishes (to make use cf the
words of Christopher Hely Hutchinson) that you should draw
the sword, to afford him an opportunity of throwing away the
scabbard. Certain he was, that at this very moment, there was
a foul conspiracy to draw the warm-hearted, but unthinking
people of Ireland into a sham, plot, to give an opportunity of
wreaking vengeance on her dearest sons.
Here he must warn his countrymen to abstain and shun, with
the greatest caution, every inducement which might be held out
to them for disturbances similar to these he had alluded to.
Nothing would more thwart the progress of their cause; nothing,
he suspected, could, for that reason, be more satisfactory to the
ministry, than just so much of it as would give a pretence for a
suspension of the Habeas Corpus act, and some other violences
of the same description, together with a total refusal of the
claims of the Catholics. Ireland had already been taught to
beware ; her lesson had been stamped in letters of the best blood
pf her children, and assuredly now she wouM avoid the snare
which was intended for her.
That such was the wish of certain persons in power, he could
not doubt. Keegan's plot was not yet to be forgotten ; occur-
rences of the same kind had been discovered in Kilkenny and
Limerick. What, too, was the reason that the garrison of Dublin
was under orders to be in immediate readiness to march? Why
were the matches kept lighted? Why preparations made for
attack or defence ? Was it not to inspire credulous people with
144 SELECT SPEECHES OF
» h<3 idea that there was danger of an insurrection , and to induct
others, -who thought their wrongs almost called for it, to believe
that they might soon hope to be joined by others, as injured
aud more determined than themselves : keeping alive, on the
one side, the fire of hatred, and on the other, the desire ai-d hope
of revenge.
But the people of Ireland have too much good sense to be
misled by such phantoms, by such paltry contrivances. They
see that a pretext is only wanting to crush them and their claims
for ever, and cancel the bond in the best blood of their country ;
and they despise the nefarious attempts that are made upon
them. They feel, too, that their cause is advancing ; nothing
can prevent its progress. Ireland, in the meantime, is tranquil,
and awaits the result with confidence and hope.
The Prince Regent, in hii speech from the throne, alluded to
the disturbances in England. What a pity that he had not a
Professor Von Feinaigle to recal to his recollection, that he had
five millions of peaceable sulyects in Ireland, who bore their
oppressions with fortitude, aud who could not be goaded into
disloyalty, even by the foul and false calumnies which were
heaped upon them. No ; they had proved, and they would eoa
tinue to prove, that the depraved and contemptible fabricators
of those tales had mistaken their aim, and that they could no
longer practise upon the credulity of their intended victim*
How much it is to be lamented, that his Royal Highness had
not some person to remind him of Ireland ; and to point out
the contrast which so strikingly exists between the quiet and
profound pauce which reigns in it, and that tumult in the othet
island which he thought it proper to notice in his speech.
I sliAU now conclude, entreating your pardon for having
trespassed so long upon your time, and returning yon my graw-
fbl thanks for the many marks of your favour which you have
been pleased to confer upon me ; and particularly for the atten-
tion and kindness with which you have heard me this day. 1
also express ray most entire concurrence m the resolutions
which you are about to adopt. (The whole of this speech was
received with the most marked applause. Mr. O'Counell was
frequently interrupted by the cheering, and the acclamation*
continued long after he had ceased.)
PAMKL O'COSNELL, ESQ., M.t. 1&&
HO'GH FITSPATRICK— LIBEL.
[APPLICATION TO BET ABIDS VERDICT.]
4l> Hugh Fltipatrick, publisher of Scully's " Statement of the Penal Laws, " having, for no
alleged libellous noto in that work, been prosecuted and found guilty, Mr» O'ConnelL OK
the si sting of th« court the following day (Thursday, February 11, 1812), rose to make ax.
application to net aside the verdict which had been obtained in this case, a-s originating
from the misdirection of the learned judges who had charged the jury, and as being against
law and evidence.
The Attorney-General just came into court, when Mr. O'Connell had proceeded thus far,
and tailed on Mr. Fitzpatrick to appear in person.
Mr. Pitepatrick Immediately came into court, and the Attorney-General moved that ho
should Wien stand committed.
Mr. O'Connell observed that such a motion on the part of the Eight Hon. Attorney -
General was just what had been expected.
The court complied with the Attorney-General's motion, and ordered that Mr Fltzpatrlcx
ahould stand committed.
Mr. O'Connell then resumed.
He said lie made his motion upon the grounds alleged in the
notice, which had been served on the other side. The first of
which was the misdirection of the learned Judge who had charged
the jury; and the second ground was, that it should not be per-
mitted to stand, inasmuch as it was contrary to law, and against
evidence.
He said that in case this motion should be refused, it was his
intention to submit a further one in arrest of judgment, grounded
on the pleadings alone; but as the two motions were perfectly
distinct, and that the second one would not become necessary
unless the first was refused, he should confine himself solely to
that which he had for its object — the setting aside the verdict.
Beside these two grounds which he had mentioned, there were
also two others — viz., that the defendant had been deprived of
the benefit of a second counsel being permitted to address the
jury, although he had produced evidence, which Mr. O'Connell
contended was his right ; and that the information charged the
defendant with having libelled the Duke of Richmond, and his
Majesty's ministers in Ireland, acting under his authority, when,
.n fact, if any imputation of the kind could be attributed to the
note which formed what was termed the libel at all, it must have
been intended to allude tc those who had acted, not those who
were now acting ; for every person knew that those nondescripts,
who were entitled his Majesty's ministers, had been changed
both between the execution of Barry, and the publication of the
book ; and again, between the publication and the filing of the
ex-ojficio information by the Attorney- General.
146
BELECT SPEECHES OP"
The information had been filed in Michaelmas term ; it con-
tained two counts, the second of which was wholly out of the
question. The word farmer had been omitted; and in a prose-
cution of this nature the defendant was fully warranted in taking
advantage of anything in his favour; when the point had been-
made at the trial, it was not contested. The second count was,
therefore, wholly out of the case.
This information stated that Hugh Fitzpatrick being a person
of a bad, malicious, and wicked disposition, <fec., and desiring to
stir up and create a rebellion, <fco., did, on the 19th of June last,
publish a libel, a false and scandalous libel, of and concerning
his Grace the Duke of Richmond, (fee., and of and concerning his
Majesty's ministers in Ireland, acting under the authority of the
said Lord Lieutenant, &c. It then recites the libel itself, which
is of the following tenor : —
"At the summer assizes of Kilkenny, in 1810, one Barry was con-
victed of ^ capital offence, for which he was afterwards executed. This
man's case was truly tragical — he was wholly innocent — was a respect-
able Catholic farmer in the county of WateFford. His innocence $vas
fully established in the interval between his conviction and execution,
yet he was hanged, publicly protesting his innocence ! There wsro
some shocking circumstances attending this case, which the Duke of
Richmond's administration may yet be invited to explain to parliament."
After the libel, close follows the inuendo, " meaning that the
said Barry did not obtain pardon, because he was a Catholic, al-
though his innocence was fully proved to the knowledge of the
said Duke of Richmond, <kc."
Such was the information which had been filed by hrs Ma-
jesty's Attorney, upon which a jury returned a verdict of guilty,
and in consequence of which Mr. Fitzpatrick then stood in actual
custody.
The first of these objections to allowing the verdict to stand,
turned upon what was conceived to be the misdirection of the
learned judge's charge, which had left it to the jury to decide
upon the truth and applicability of the last inuendo, which was
described, as the meaning of the passage, that the said Lord Lieu-
tenant had been advised by his ministers to refuse pardon to a
portion where innocence had been made apparent after his trial
and cou'lemnation, and that such pardon had been accordingly
refused in the face of a conviction of innocence, and solely because
he was a Catholic.
This inuendo contained much new matter which had not
spoken of before.
DANIEL O'CONNELL, ESQ., X.r, 147
Of all this, said Mr. O'Connell there had been no previous
averment ; the information contained only an assertion of the
intention being to vilify. There waB not a word in the libel con-
cerning advice received by the Lord Lieutenant, or of any action
of his in consequence of it ; yet, that such averment was necessary
there was the strongest authority to prove. In the case of the
King against Home, where the opinion of the twelve judges of
England was asked by the House of Lords, and was delivered
by the Lord Chief Justice De Grey, his lordship states (reported,
Cooper, page 683) that where a libel is of such a nature, either
from its being ironical, or from having an allusion to circum-
stances not generally known, that the words in which it is given,
do not, of themselves, convey all that is meant and understood,
it is necessary that the things so understood and not expressed,
should be laid before the jury; but that a jury cannot take cog-
nizance of them unless they be upon the record, where they can-
not be unless by an averment ; so that either the charge of the
Court, upon the trial of Mr. Fitzpatrick, must have been wrong,
or the opinion of the twelve English judges, expressed by Lord
De Grey, must be so. It could not be said that the inuendoes
themselves were, in reality, averments ; an authority (2nd Sal-
keld, page 315) was perfectly conclusive on this subject ; an inu-
endo being there defined negatively as not being an averment,
but on tha contrary, a production, id est, <fec.
It being thus ruled that a jury could not take cognizance of
the matter contained in an inuendo, without there having been
a previous averment, it followed that no evidence in support of
the inuendo, in the present case, should have been allowed to go
to the jury, or, if it had been so allowed, that the judge should
have desired them to discharge it entirely from their minds pre-
vious to giving a verdict. This, however, had not been done ; and,
on the contrary, the Court had desired the jury to consider the in-
formation precisely as if the averments had been regularly made ;
it was universally allowed that averments were necessary to let
in evidence of meaning, even where such evidence could be pro-
duced. But here, in point of fact, the Crown did not go into any
evidence to show the meaning, or prove the inuendoes; and, with
great respect, he conceived that the jury should have been told,
there was no evidence in support of the inuendoes; and direct-
ing them to find the truth and applicability of those inuendoes,
there being no averments, was travelling out of the limits pre-
scribed by the la-*, and recognized by Chief Justice De Grey and
the twelve judcres of England, and, therefore, he conceived that
148 SELECT SPEECHES OF
the charge of the learned judge had been erroneous, and contrnry
to law.
The next ground to which he should call the attention of the
Court was, that there existed a material variation as to a matter
of fact, between the evidence given or admitted, and the infor-
mation. The information stated, that the libel had been pub-
lished of, and concerning the persons acting as his Majesty's
ministers in Ireland ; that is, of the persons so acting at the
time of the publication of the libel. Now, it was obvious that
this was an anachronism of the grossest kind. The circumstance
which gave an occasion to the libel had taken place in 1809 ; the
book had been published in 1812, and the ministers of these two
periods were entirely different. How, then, could the libel be
said to regard the ministry existing at the time of its publication t
It was impossible that it could not exist without entirely vitiat-
ing the information.
He now came to the third ground for the motion, and upon
that he should be still more brief than he had been on the other
two ; it related to the trifling advantage which he might have
derived from being allowed a counsel to speak to evidence. It was
very confidently relied upon, that there could not exist any doubt
as to the right of the defendant, evidence having been produced
on both sides. The objection upon the trial came from a quarter
to which no reply could be made, namely, the Court ; had it
been otherwise, it might have been easily and satisfactorily show**,
that the reason given for this decision did not apply.
Formerly, it had been the practice, if the defendant had evi-
dence, to allow him the benefit of counsel to speak to that evi-
dence. Thf judges of that court (the King's Bench), however
had thought proper to alter this practice ; they determined that
no second counsel should be heard upon the part of the defen-
dant, and they gave as the reason for coming to this decision,
that the defendant's counsel, in opening his case, speaks to the
plaintiff's evidence, and observes upon his own. It was also a
part of the rule, that unless the defendant goes into evidence,
the plaintiff ha* no right to be heard by a second counsel ; yet
the very Court he was then addressing, and which had made the
rule, had heard counsel for the crown twice in the case of the
King v. Kirwan, although there had been no evidence produced
by the defendant. It must naturally be supposed, that the
Court had determined, that in civil cases no second counsel
should be heard, but that criminal ones did not come within tl*e
rule, otherwise it would be, in fact, granting to the crown an
DANIEL OVONNELL, ESQ., M.P. 149
additional and necessary advantage. Lord Kenyon, in the case of
the King v. Abbington (1st Espina, 130.) condemns the practice.
Considering that the crown had the benefit of the great and
unrivalled talents of the Solicitor-General, who was to reply, an
advantage which nothing could have procured the defendant, and
which nothing within his power could balance, as the learned
gentleman who had opened his case could not be heard a second
time, and that it would have fallen to his (Mr. O'Connell's) lot
to have spoken to evidence, hia client, certainly, had lost but a
small advantage ; such as it was, however, he had a right to it •
but the Court had thought proper to over-rule that right, and
:n doing so had referred to the case of the King v. Kir wan.
Coupling the decision in the case referred to, with that on the
late trial, it came to this, that the rule does apply to take away
the advantage from the traverser, and that it does not apply to
take it away from the crown.
This was a position which he was sure their lordships would
not think of establishing, and unless they did so, the right of his
client to the benefit of a second counsel was unquestionable ;
therefore, the denial of it by the Court rendered the trial faulty,
in respect to the mannor in which it had been conducted, and
consequently the result of it nugatory.
He had now arrived lit the fourth objection, and one of much
importance ; it was, that the jury had, upon the most material
part of the information, found the verdict without evidence, and
even contrary to evidence. Mr. O'Connell here read over the
paragraph forming the libel, and contended that there had not
been sufficient evidence to connect any part of it as a libel with
the name of the Duke of Richmond. This had been attempted,
indeed, by connecting the circumstance mentioned in the libel-
lous note, with passages in the text to which a construction had
been given favourable to the inference wished to bo drawn from
the whole. It was first said that the passages thus read, stated
that government was influenced in granting pardon to criminals.
or in denying it by their religious persuasions ; and it was then
concluded that the note was intended to give an instance of the
partiality alluded to in the text ; and had the text been examined
more clearly, it would have appeared that the thiug expressed
was, that Protestant criminals had a greater facility in procuring
attestations of previous good character, or of other circumstances.
such as usually entitle to pardon, than Catholics, and, conse-
quently, that the Lord Lieutenant, so far from having been Ac-
cused, was justified for grant ing pardon more frequently to the on«
1/50 SELECT SPEECHES OP
than tlie other ; the note, then, being an instance of what was
asserted in the text, could not reflect, by any means, upon the
Lord Lieutenant. As to the concluding part of the note, which
stated that the Duke of Richmond's administration might yet
be invited to explain certain circumstances to parliament, it only
meant that the documents for regular investigation, being in
possession of the ministry, could not be procured without in-
viting its aid.
Had the trial been had before an unbiassed jury, it was very
probable that the result would have been very different. It was
very likely that they would not have been content with the
mere assertion of the Attorney-General, that the note which
formed the subject of the libel was intended to vilify the Lord
Lieutenant and his Majesty's ministers in Ireland, acting under
his authority ; they might possibly require an explanation of
who those persons, called ministers, actually were, before they
convicted a respectable and honest man of libelling them, merely
because the Attorney-General had thought fit to say the^were
libelled.
It was matter of Irish history, that when these state prosecutions
were carrying on against a Catholic of this country, not one man
of his own religion was suffered to remain upon ttie panel.
This had been stated by the respectable and learned gentle-
man who had opened Fitzpatrick's case, and was not attempted
to be denied. It was observed, indeed, that one Catholic name
had happened to be put upon the panel through mistake ; this
fault, however, was not intentional ; it had occurred by accident,
and no doubt the apology which such a trespass required was
made. He was not now stating anything improbable or unwar-
ranted, for it was a well-known fact that the persons who had
the appointment of the jury, had given a solemn and deliberate
pledge of their dialike and hatred of Catholics ; .and that it was
to this avowed hostility to so numerous and loyal a class of his
Majesty's people, that they owed their election. Thus, in a case
where a Catholic is tried upon a charge of asserting, that the
Catholic subjects of this country have not equal justice done
them, special care is taken that not more than one Catholic shall
be put upon the panel, and that he shall not be of the jury, but
that the accused shall be tried by twelve men. of a different per-
suasion from himself, and some of them, perhaps, strongly im-
bued with prejudices unfavourable to himself and his religion.
Had the question been one of property, such a disgraceful cir-
cumstance would not have taken place in the city of Dublin,
DANIEL O'CONXELL, ESQ., M.P. 151
where as many upright, wealthy, and respectable Catholics were
to be found, as could be selected from the ranks of their Pro-
testant fellow-subjects.
Mr. O'Connell now shortly recapitulated his arguments, and submitted to the court that
he had made out a case sufficient to induce their lordships to set aside the verdict ; and if
Mr. Attorney-General thought it prudent to file a fresh information, that a new investiga-
tion should be entered into.
The Chief Justice said, that Mr. O'Connell had made much move of the argument tluitt,
in the beginning, he thought could be done.
Motion refused.
A suggestion was made that it should remain over till next term.
Mr. a'Conuell— " But, my lord, Mr. Fitzpatrick is in actual custody, and it would be veiy
oppressive that he should remain in confinement the whole of the vacation, when it is
strongly relied upon that there are sufficient grounds to arrest judgment."
Mr. O'Connell prayed the Court that Mr. Fitzpatrick's recognizance might be immedi-
ately taken, in order to avoid his remaining in custody all night. He said that Mr. Fitz-
patrick was a respectable man, and there was no danger hut he would be forthcoming. He
therefore presumed that his own recognizance woiil.l be sufficient.
Security — himself in £1000, and two others in £500 each — required.
Mr. O'Connell—'' You were already offered to have that requisition complied witli upon
fair terms. The bail shall be immediately produced."
THE ENGLISH CATHOLICS.
THK conduct of the English Catholics came under discussion for the second time this year,
in the Dublin Board, on the 13th of February. On this occasion —
Mr. O'Connell rose to propose a resolution, on which he be-
lieved there would be but one feeling in the Board. It related
to the gratuitous interference of a gentleman in England, and a
Catholic, too. The Catholics had before suffered from the offi-
3ious and .unauthorized interference of persons, who had under *
taken to act for them with, perhaps, the very best intentions in
the world ; and it had, therefore, become necessary for them to
pay close attention to anything of the kind which was attempted,
no matter from what quarter it came. If, as he had just stated,
that individual interference, though accompanied by excellent
intention, had produced unpleasant consequences, how much
more likely was. such conduct to cause ill effects, if it were the
offspring of a contrary disposition ?
Whether the intentions of Mr. Charles Butler were of this lat-
ter description or not, he should not then take upon him to de-
side ; but this much was certain, that he had echoed the despi-
cable and unfounded cant which the enemies of the body had
been at such pains to propagate; he had complained of the in-
152 SELECT SPEECHES OF
temperance with which the just demands of so many miHionr of
loyal though oppressed people were urged. He had even gcue
farther; he had attempted to prove that the Board had been
guilty of intemperance ; but he (Mr. O'Connell) denied that he
had proved any such thing; he utterly dissented from the charge
and assertion.
It was not intemperance for men, who knew they deserve' 1
to be free, to wish for freedom ; it was not intemperance for
men, whom the gifts of nature and the advantages of rank and
fortune, had combined to render eminent ; it was not for such
men to be charged with intemperance, because they panted to
enjoy those common rights, which are the inheritance of every
man in this community. When my Lord Aid borough, and my
Lord fciltarton, and such holy Apostles, assisted by others, whom
motives of personal delicacy induced him to refrain from men-
tioning, wished to drown the Catholics in their inferiority — to
force them to continue Helots — slaves — when they saw men en-
deavouring to perpetuate and sustain every sort of political pro-
fligacy, and to clothe that profligacy in the sacred mantle of
Christianity — it was not to be wondered at if those who were the
sufferers, should assert, with a manly, but constitutional firm-
ness, the impolicy and injustice of perpetuating their degradation.
And was it for this that they were to be charged with intem-
perance, by such men as he had described? And how could
Mr. Charles Butler satisfactorily account for lending himself to
such a charge? He (Mr. O'Connell) proclaimed the charge to be
a foul and malignant stratagem, invented by the enemies of the
cause of Ireland and of the empire. Thank God ! they could i>ot
say that the Catholics prostrated themselves at the foot of the
minister, for the purpose of advancing their interest, or that Ihey
sacrificed themselves on the altar of dishonour, and bartered to
become the slaves of corruption, instead of being the slaves of an
unjust and impolitic peual code. Slavery, in the first instance
would be infamy in themselves ; in the other (although acutely feH
by the victim), it reflected disgrace only on their oppressors!
He moved the following resolution: —
"Resolved — That from recent information, we deem it necessary to
^tate, that no person has been, or is authorised to hold any communi-
cation with any member* of the administration on behalf of 'he Catho-
lics of Ireland as respecting their affairs, onr confidence being- reposed
in Itee noblemen and geuiiemen composing the delegation, and acting
under the directions of the Board."
'>«• re*c>lutiou
ANIBL O'CONNKLL, ESQ., M.F. 163
NO POPERY PETITIONS.
On Sth the of ifay, 1813, Mr. O'Connell addressed the Catholic Board on the sDbjr-ct
No Popery Petition*.
Mr. O'Connell rose, and stated that it was his intention to
raove for the appointment of a committee to consider in whnt
manner most consistent with that delicacy which it was desir-»
able to observe towards the real Protestant petitioners, the inm
mense number of forged and fictitious names which had been
affixed to the petition, styled that of the " Freeholders, Freemen,
and Inhabitants of the city of Dublin," and which had been pr •-
lonted with such ludicrous pomp and ceremony, might be brought
t»efore the imperial parliament.
He requested permission to take that opportunity of retnrn-
ng his thanks for the high honour conferred upon him, on the
ast day of meeting, in his appointment as one of the Catholic
delegates. He entreated also leave to excuse himself from the
apparent neglect of his duties as such. Those who voted for him
ought to have recollected how entirely impossible it was for him,
at this period of term, to leave Dublin. He was ready to make
every sacrifice for the common cause; he was ready to sacrifice
nis life to advance civil or religious liberty in his native land.
But he could not tamper with the interests of other persons at
that moment confided to his hands. He, therefore, very grate-
fully and very respectfully tendered his resignation of the office
<)f delegate.
As to the plan which he should recommend for the exposure
of the forgeries, he could not have thought necessary to suggest
it at all, had the Catholic bill been rejected. He was little dis-
posed to desire the Catholics to alter their tone at any time*;
but when the legislature evinced so decided a disposition to grant
and to conciliate, he did not think a corresponding spirit should
be wanted on their part.
The Catholics had at length arrived at that important stage of
their history, that a bill, intended to give them relief, was ac-
f lally making progress in parliament. The good intentions o?
their friends in parliament were obvious; they intended to ex-
tend eligibility — all that was required — with considerable libe-
rality. What a deplorable circumstance it was, that, with such
excellent diRpositions, they have not taken the trouble of acquir-
ing such information as would enable them to carry their good
iateuticiis into practical effect! The bill they had brought in
L '
154 DELECT SPEECHES OK
was a well-intentioned bill, but it was a slovenly bill! Slovenly
ii its recitals — slovenly and inaccurate in its details.
Before proceeding further, he wished the tenor and object of
his remarks to be distinctly understood. There were clauses
purely civil, and clauses that had reference to ecclesiastical mat-
ters in this bill. Upon the nature of the latter he should observe
a total silence. The discussion of them was too well calculated
to produce heats which it was his object to avoid. He should
confine himself closely to the subject of civil rights; the Board
was not called upon to entertain the question of religious secu-
rity at all, nor, in fact, was it necessary to be introduced any-
where for the present. When it was seen that the legislature
would grant civil liberty, then it would be time to lot those
whose province it was, consider of religious security,
As he had bestowed much attention upon the bill, and as he
was anxious to serve his countrymen at home, when he did not
perceive how he could do it by going to England, he had felt it
his duty to lay before the Board the frame and plan of a bill for
civil liberty, such as he conceived could not fail to satisfy the
people. In submitting this frame, he would again repeat, that
he gave the persons who had prepared and brought the bill now
before parliament, the most perfect credit for the purity of their
intentions. His objections to the frame of the bill, were, per-
haps, but technical, still he thought them entitled to attention.
There were phrases in the recital and enactment which were nefr
and unknown to the constitution and law. Catholics were to
be made participators in what was called "Free Government"
What was the legal meaning of the word government ? It was a
term, the legal meaning of which was unknown and undefined.
It would apply equally well to the government of Constantino-
ple as to that of England. In the common meaning of the word
here, we are apt to think of the government of the Duke of Rich-
mond when the words were used, and the Catholics did not de-
sire to have it understood that they wished to participate in his
Grace's government. They felt no such inclination; their wish
was to participate in the constitution — in the free constitution
that had been framed by Catholics — by rigid Catholics — all of
whose grand, but now neglected principles of popular power and
popular representation, had been established before Protestant-
ism had a being or a name.
It might be deemed trivial to criticise verbal inaccuracies ; but
let it be borne in mind, that these were the words of an instru-
ment purporting to be a great state bond and compact between
DAMEL O'COXNELL, ESQ., M.P. 155
two nations, united in name, but kept separate by impolicy and
injustice. (Hear, hear.) In this important act every word was
of moment, for, upon every word would depend the liberties of
living, and of yet unborn millions ! (Hear, hear, hear.)
And sorry he was to say, that to defective recitals, still more
defective enactments were attached. True it would, upon the
condition of taking this vile oath, open the House of Commons
and the House of Peers, and many an important office and hon-
ourable rank, and serve as a stage in the natural progress to the
complete establishment of an equalization of civil rights. But
it was slovenly as far as related to the peerage ; it was defective
us far as related to judicial offices ; it was useless with respect to
corporations , and it did nothing at all for charities, education,
marriage, or landed property ; and this was but a brief and ami-
cable summary of its defects.
Such was the bill which was at that moment before the house.
How different from what it ought to be— how different from what
it might have been, if our excellent liberators had but conde-
scended to consult the parties most interested. (Hear, hear.)
A draft of a bill has been prepared by my friend, to whose
pen and to whose services the Catholics are so much indebted
(Mr. Finlay). It has my warm approbation, because it is com-
prehensive in its principles — ample in its relief. It would abolish
all civil and lay distinctions for cause of conscience, and open to
every faithful subject a career unfettered by the trammels of per-
secuting laws. It would leave for merit what is now conceded
to creed, and destroy jealousies and religious animosities by re--
moving their causes. Such was the bill which, he trusted, would
yet be brought before parliament. He begged permission, as it
was short, to read it
Upon this Mr. O'Connell was called to order by Mr. Baggot, Mr. Costigan, and Counsel-
.cr Bellew, who spoke at considerable length to show that the merits of the bill, or of anjr
substitute for it, could not be relevant to the object of the motion before tbe Board.
After a good deal of discussion upon the point of order, in which Mr. 0' Gorman ani
Counsellor Finn also took part, the chairman decided that Mr. O'Connell was certainly out
s( »"der and that the draft of the proposed bill should not be read.
Mr. O'Connell immediately submitted to the decision of the
chairman, although he said he could show that what he had been
saying bore directly upon the question tLen before the Board ;
before he proceeded, however, to the more immediate discussion
of that question, he gave notice of his intention to submit, next
•Saturday, a brief abstract and skeleton of such a bill as he coii-
oeived was calculated to giiuut real and complete Emancipation
*66 SELECT SPEECHES OF
(Cheers.) I am now come (said he) to that part of the question
which is included in the very terms of my motion. I am not
confined to the history of the fraud and forgery of which I now
complain. I shall not, I trust, be interrupted whilst I observe
shortly upon its clauses. I allude not to the hostility — the ran-
corous but ineffectual hostility of the Richmond administration,
in this country, to the rights of the Irish Catholics. That is
scarcely worthy of investigation, and deserves little more than to
be mentioned for the purpose, simply, of reprobation. The causes
I advert to lie deeper ; they are to be ibund in the great and con-
tinued success of which falsehood — unblushing falsehood — has
already had against the Irish Catholics !
It was not in the field of battle that our liberties wero cloven
down ! (Hear, hear.) No ! Our ancestors when they fought, if
they did not advance as victors, surrendered upon the faith of an
honourable capitulation ; but that faith was violated, and its
violation was justified by calumny ! (Hear, hear, hear.) The
Catholics were accused of entertaining opinions which they have
ever detested — of adopting positions and principles which they
have ever abhorred. Charges were brought forward and repeated
against them which could be aptly contradicted only in the broad
> togamy of Lord Elleuborough's language — " Charges fahe as
Jlell r Charges — the falsehood of which was known to the very
accusers themselves — w^e repeated, until the credulous were
convinced, and the we«K yielded. From the Press, the Stage,
the Bar, the Bench, and the Pulpit, were opinions charged upon
the Catholics directly the reverse of what they entertained, and'
articles of belief asserted to be theirs, which they always rejected
and abjured. Those who were violators of their own faith with
the Catholics in fact, accused the Catholics of being violators of
faith in theory ; and those men who persecuted the Catholics in
wality, accused their victims of being persecutors in imagination
and design ! (Hear, hear.)
The accusation you feel and know to be utterly false, but it
was repeated until it was believed, and the Catholic suffered the
punishment, not of any crime of which he could, by any possi-
bility be proved guilty, but of offences tabricated in the malicious
fancies of enemies, and which were not only unfounded, but im-
possible. They were impossible, because so utterly repugnant
to human nature, and contradicted by the stamp of his own di-
vine image, which the Diety had infixed upon the human soul.
(Cheering.)
Vet, it was by the assertion and re-assertion of those caltmi-
DANIEL O'CONNELL. ESQ., M.P. 1£7
nies — it was by attributing to us opinions which, if they existed,
I should be sorry a single Catholic remained in Ireland — I am
quite sure I should not be one. It was by those false and foul
imputations that we were degraded in public opinion, and then
reduced to slavery, and. since continued in bondage.
It was vain to protest against the untruths ; for near a cen-
tury they maintained their sway, and new generations sprung up
•>efore the appeal of calumniated millions was heard, or their
wror.gs investigated. (Hear, hear.)
Falsehood having been so long successful, it suited well to the
mischievous and malignant activity of the management of the
llichmond administration to resort to its resources. Accordingly,
the most impure and corrupt Press that ever disgraced any ago
was set at work, with plenty of present pay and of future ex-
pectation, to traduce, to calunmiate, and to vilify the Catholics
collectively and individually. (Hear.) Accordingly, all the
ancient calumnies were revived, and every new calumny brought
forward that could be invented by a very malignant disposition,
but a very miserable intellect. The seven-times-sold apostate
from every principle was purchased and arrayed against us, until
all the force that malicious dulness could collect was brought
into action, and commanded by a general better versed in the
quibbles of the law, than in the tactics of the field. It was in
pursuance of this government plan of imposition, that the "Third
part of the Statement of the Penal Laws" made its appearance
— that it was circulated in England as genuine, and given to the
world as the sentiments of men, who held its contents and its
authors in equal contempt !
Perhaps, so scandalous and impudent an imposition never dis-
graced the annals of bigotry. But the fabricators — have they
been punished ? Oh, no ! Mr. Attorney-General has no terrors
for men who would divide and distract ; he prudently reserves
all his vengeance for those who dare to preach harmony and con-
ciliation,, and to call oppression and bigotry by their right names.
Next in order followed this petition, the signatures to v^hicli
are the object of my present motion. It commenced in false-
hood, it was conducted by fraud, and it was consummated by
forgery. Yes, its commencement was in falsehood, for it was
alleged to have been voted at a meeting of " the freemen, free-
holders, and inhabitants of the city of Dublin." ' This allegation
was printed in several of the Dublin newspapers for near three
months, and to the assertion was affixed the name " Abraham
Bradley King," and yet a more unfounded assertion was never
SELECT SPEECHES OF
madc-an allegation more destitute of truth never insulted the
Ktienoe of public credulity, than that signed and repeated for
three months, under the signature of "Abraham Bradley King.
I need not ask, when this meeting was called, or where, or b>
whom? I need not remind you, that there was no theatre suffi
ciently lame to contain such a meeting, if it ever took place ;
nor need I revive the indignation which the miserable excuse
excited, that, really, the exhausted remnant of a supper table at
the Mayor's house, did vote itself, being fall half a dozen «
number into the freemen, freeholders, and inhabitants o? the city
of Dublin, and then passed this petition ! And yet, m sober
sadness it must be admitted that, no better justification existed
for the Lord Mayor's assertion of a public meeting
I said that it was conducted by fraud ; for this fraud, we are
told by the uncontradicted report of the public papers, was re-
orted to. The mayor procured himself to be deputed-nobody
knows by whom-to take the petition to London Arrived
there, heated, we are told, the no-Popery petition, as the
authorized delegate of the Corporation of Dublin. Yet he had no
suth authority^hewasthe simple messenger of a simple party of
obscure individuals who, as this petition originated at a supper,
sent him off from a dinner, after which the Duke of Richmond
ludicrously graced him with a troop of horse to accompany his
mock lordship thence to the Pigeon-house. His very journey to
London was a fraud, because it held out to the English people
the appearance of the first magistrate of a great city despatched
by the constituted authorities of that city on public business.
Under that pretence he presented himself in London, whilst i
is shrewdly whispered that he attended for the purpose of en-
deavouring to traffic upon the importance of his official station,
in order to get the name of his son inserted into an appoint-
ment connected with his lucrative employment In short I
farce was just worthy of the legal managers that are at tt*
bottom of every work of bigotry and persecution in Ireland, and
of the inflated buffoon who was the principal actor.
The consummation of the petition was forgery, in the ordi-
nary sense of the word, consisting of the affixing the names of
individuals without their authority or consent; forgery, equally,
if not more culpable, in writing hundreds of imaginary names,
and affixing them to this petition from a multitude. The 1 n>
testants of Ireland petitioned last year on our behalf. The
wealth, the worth, the talent of the Irish Protestants-every
thing that was noble, and dignified, and intelligent aud urifr
DANIEL O'CONNELL. ESQ., M.P. 159
pendent .i.mongst our Protestant brethren united in that peti-
tion ; their names have been printed, and it is with pride and
with pleasure that we see those names constitute a large book,
whilst every name speaks a volume of mutual affection and re-
ciprocal charity.
This is, indeed, a proud display for Ireland ; this was all slie
\vanted from man, that her children should combine in concilia,
tion and harmony. It would, really, have afforded a curious
incident in the history of human frailty, if those who had come
forward last year, under the banners of liberality and justice,
had been seduced this year to join the blood-stained flag of Orange
intolerance. (Hear, hear.) The experiment had been made ;
everything that the wealth and power of the state — that the in-
genuity of the advocates, or the authority of the judges — that
the exertions of the writer, or the intrigues of the courtier could
supply, was brought into action, to seduce, to convince, to iuti-
midate, to control, to cajole, and to deceive the Irish Protestants.
But all these resources failed ; the drunken orgies and the morn-
ing preaching intemperance of abuse, and the hypocritical lamen-
tations of pretended friendship were tried, and tried without
effect. The independent and enlightened Protestants of Ireland
remained true to the liberality which they had professed, and
rejected every attempt to bring them over to the ranks of our
opponents. (Hear, hear.)
It was a matter, therefore, of much curiosity to discover who
the 2,800 " freemen, freeholders, and inhabitants of Dublin" could
possibly be : public curiosity has been gratified — gratified by the
inspection of the names — gratified by the discovery that the
dagger is air-drawn and imaginary, by which it was sought to
assassinate Protestant character and Catholic liberty ! (Hear,
hear.) I have seen an authentic copy of this formidable petition,
and I rejoice to be able to assure you, that it affords decisive evi-
dence of the low state of intolerance. I have read this list, and,
after the most minute inquiry, added to my own knowledge in
this city, it does appear to me that there are not twenty names
to this petition of persons of fortune and independence of mind,
who signed it from mere motives of conscientious bigotry. This
class of persons are certainly to be treated with the most re-
spectful deference ; they labour under a mistake, but they act
from pure intentions, and I respect whilst I pity them. They
had an undoubted right to petition against conceding, upon any
terms, anything to the Papists ; they had a clear right to pi-ay
the legislature to continue to be indiscriminate in laying on the
160 SELECT SPEECHES Of
u
burdens of the state, but partial in conferring its benefits. I
admit their perfect right to sign this petition, and I request it
may be understood, that I am incapable of applying any harsh
expression to them, as I certainly also am of feeling any resent-
ment against them. But, undoubtedly, in the number of twenty,
I have given abundant room for the uninfluenced signatures.
I blush to tell you that this list contains three or four of the
Irish bar. (Hear, hear.) I am ashamed to say that there are
so many certainly as three — I fear four. The Irish people, long
accustomed to find in the Irish bar the friends of every freedom,
will hear it with astonishment, notwithstanding the acrimony,
the native and the imported acrimony, towards the Catholics,
cherished by the head of the law department. It will scarcely be
believed that our profession, proudly distinguished, as it formerly
was, for liberality and love of country, has so fallen as to aflbrd
even three signatures to an anti-Catholic petition. I regret, from
my soul, the discovery. (Hear, hear.)
The number of clergymen of the Established Church who
signed this petition is, I am happy to say, few ; nor, when we re-
collect what excellent and accomplished gentlemen those clergy-
men in general are, will it excite any surprise in the minds of
the bigots of any sect, that the number of their signatures should
be few. Of attorneys, there are, at least, eight or ten — I ex-
pected to find twice the number ; of placemen, there are many ;
of pensioners, several ; many from the offices of the castle ; many
from the police offices ; several from the custom-house : almost
all the hired constables; the judge, the registrar, and the proctors
of the prerogative court, and as many of the wretched watchmen
of Dublin as are, or pretended to be, Protestants ; there has been
so much liberality exercised, as to admit poor Papists to the dig-
nity of the nightly watch. (A laugh. ) To these are to be added the
"tag, rag, and bob-tail" of the corporation — numbers of those
who hold its principal stations — all those who hold its lower
offices, and are appointed and removable at pleasure. Add to
these, writing clerks, dependents, and a small, but hungry group
of expectants, and you have the entire catalogue of genuine sig-
natures.
But there will remain near two thousand signatures to be still
accounted for — near two thousand signatures will remain, for
whom no owner can be found. (Hear, hear.) Of those there
are some hundreds which purport to belong to individuals who
have indignantly disclaimed them. There are, in short, some
hundreds of forgeries. (Hear, hear.) Need we give a more
i
OCONNELL, ESQ., M.P. 1 Ci
striking instance than that of Mr. Stephens 1 He discovered
that his name had been forged to this petition, and immediately
wrote to the Mayor, to inform him of the circumstance ; the
Mayor did not condescend to give any reply, but took the known
forgery to England, and presented it to the House a^ genuine.
(Hear, hear.) When forgery was exhausted mere fiction was
resetted to. There was danger in giving names which, being in.
common use, might be disavowed by individuals bearing them.
The fabricators of this petition set disavowal at defiance ; they
produced names which no man ever bore or will bear — (Hear,
hear) ; they invented John Hedpath, and coupled him with John
Ridpath — they attached James Hedpath to James Ridpath ; they
united the noble families of the Feddlies to the illustrious race
of Fiddlies ; they created the Jonneybones, and added the M'Coo-
bens to the Muldongs ; to the uncleanly Rottens is anneic-d the
musical name of Navasora — the Sours and the Soars — the Dan-
dys and the Feakens — the Gilbasleys and the Werrillas — five
Ladds and five Palks — the Leups and the Zealthams — the Huziea
and the Hozies — the Sparlings and the Sperlings — the Fitzgetta
and tht Fibgetts — the Hoifins and the Phantons, and the Giri-
trows, and the Kockleys and Breakleys, the Russinghams, and the
Favuses, and the Sellhews, and the Mogratts and Calyells — all,
poor innocents, are made to combine against us, and to chime
with the Pithams and Paddams — the Chimnicks, and Rimnicks,
ind Clumnicks, and the Rowings and Riotters ; they threw in
the vulgar Bawns, and after a multitude of fantastic denomina-
tions, they concluded with Zachariah Diamond. (Great laughter.)
In short, a more tasteless group of imaginary beings was never
conjured up by the delusions of magic. To the tune of " Jonny
Armstrong," — they gave us five-and-twenty Armstrongs, and
placed eighteen Taylors on the list — it ought to have been "four-
and-twenty tailors all in a row," there would have been some
pleasantry in it. In short, by these means, by the force of mere
invention, upwards of one thousand names have been added to
this petition, and one thousand children of the brain of those
worthy managers of intolerance appeared in formidable array
against us, at the bar of the House of Commons, covered with
the mantle of the Mayor for swaddling clothes. (Laughter.)
It is incumbent on us to bring these facts before the public
and the legislature ; we owe it to ourselves and to our children.
to get rid of an obstacle to our liberty and theirs ; we owe it to
the legislature to detect the imposition which has been practised
upon them ; and chiefly ic is due to the liberal Protestants 'of
162 SELECT SPEECHES OF
Ireland to rescue the Protestant name from this additional im-
putation of bigotry which their enemies, no less than ours, would
cast upon it. (Hear, hear.)
There is, too, another motive, which, I confess, influences me
powerfully. The very men who have been guilty of those base
forgeries have, in a recent instance, foully tarnished the Irish cha-
racter-;'an innocent person was accused — an innocent female was
accused — perjury the most foul — subornation the plainest and
most palpable, were used against her life, and, still more, against
her honour. We, Irish, often feel (it is part of the real character
of Irishmen) pity for the accused, it is said, even for the guilty ;
but accused innocence excites our warmest sympathies ; but
when female innocence stood accused, I thought for the honour
of my country. I thought that, without any poetical fiction,
thousands of Irish swords would start from their scabbards, and
that the wretch would be driven from society who checked our
manjy, our virtuous indignation. But a set of beings, I will not
call them men, have been found, who, under the auspices of the
persecuting Castle, the pious and no- Popery forgers have been
found to refuse the poor and pitiful tribute of their approbation
to exalted virtue and dignified purity, escaped from calumny,
from subornation of perjury. These loyalists — these creatures
who call themselves exclusively loyal, because they are the ready
sycophants of every tool of power — (Hear, hear) — these exem-
plary loyalists, have refused to address the niece and the daugh-
ter-in-law of their King — the wife of the Regent — their future
Queen — (Hear, hear) — the mother of their future Sovereign,
though the triumph which her unassisted innocence obtained
over the vilest conspiracy ever disclosed, powerfully demanded
the expression of congratulation.
And what excuse did they give for this refusal ? Why, they
scorned all mockery and delusion, and insisted that to addresf
the Princess was to insult the Prince : and would the Prince feel
insulted at such an address ? I should hope two things of him
— first, that he means, hereafter, to redeem the pledge he has so
often repeated to the Irish Catholics (Hear, hear) ; and, secondly,
that he does not feel insulted when the triumph of the Princess
over her perjured and her suborned traducers is celebrated.—
(Hear, hear.)
But who are the men who have refused to address her Royal
Highness? Who are they who have no sense of justice — no ab-
horrence of calumny — no enthusiasm in defence of female inno-
cence] They are our enemies ; they are the fabricators of every
DANIEL O'GONXELL, ESQ., M.P. 163
falsehood, and of every forgery that could injure or impede our
cause ; they are men who degrade the Irish name — the character
of manhood. (Hear.) We are bound by every consideration
dear to men, and sacred to Irishmen, to expose to the empire
those wretches — to show them as they are — poor, paltry, and
profligate — the ready slaves of every secretary — secretary's clerk.
We are bound to show the British empire that it was not the
Irish — not the mercantile inhabitants of Dublin — but the dregs
of the fabricators of its frauds and its forgeries, that could refuse,
under the pretext of not wishing to displease the Prince, an ad-
dress of congratulation to his once persecuted, but now trium-
phant consort. (Hear, hear.)
In short, I desire to succeed in my present motion, for this
first and principal reason, that the meanness of the open enemies
of the Princess amongst us, and of their titled and legal instiga-
tors and prompters, may be put on record ' for ever. That will
be done by bringing the question of those forgeries and fictitious
signatures before the House of Commons. (Hear, hear.) To
impose upon that House is, I presume, a breach of its privileges.
(Hear.) Let us demand inquiry and investigation. Our asser-
tion will be, that two-thirds of the signatures to this petition
were forged, or simply fictitious ; but we will not require an as-
sertion to be credited without proof; we will challenge inquiry ;
we will show five hundred names without an owner (hear) ; and
we will then point out the fabricators of this mean and olishon-
ourable scheme to retard- the progress of Emancipation.
If we are mistaken, our enemies can easily confute us ; they
iiave only to produce the individual. Mr. Riotter may head
•their party. I should be glad to see the gentleman. If he doee
not live in the city, this Riotter, I presume he is to be found in
the liberties. After him our enemies can show off Mr. Wevilla,
ii;md in hand with Mr. Navasora, and Johfcny Bones, Esq., may
appear with Fibgetts, gent., and even Mr. Knowing can be sum-
moned to come forward in company with Mr. Dandy. (Cheers
and laughter.)
But why should I fatigue with the ridiculous catalogue. If
those men exist — pardon my supposition — if they exist, they live
for our enemies ; if they do not exist, then what is to become, in
public estimation, of those our enemies — of those worthy allies
of the traducers of her Royal Highness? Perhaps their spirit of
loyalty may save them in parliament from punishment, but their
fraud and forgery will consign them to the execration and coii
tterupt of posterity.
164 SKLJ5CT SPEECHES OF
Mr. O'Connell concluded, amid great cheering, by moving tbe
following resolution : —
«' Resolved— That a sub-committee of twenty-one members be ap-
pointed to take into consideration the most proper method of investi-
gating, and respectfully submitting to parliament, the alleged forced
and fictitious signatures to, the petition against the Catholic claims, to
the House of Commons, by the Lord Mayor of Dublin."
Major Bryan seconded Mr. O'Connell's resolution, which was agreed to unanimously.
" Resolved — That the committee be directed to request the aid of
such of our Protestant brethren as may be pleased to assist in acconi-
plishing the object of their report."
CATHOLIC RELIEF BILL
ON the 29th of May, 1813, Mr. O'Connell read, in the Catholic Board, tho unanimous repu-
diation by the Catholic prelates of Irelir/l. of the theu proposed " religious securities" in
the Catholic Relief Hill of that session.
To this document, continued Mr. O'Counell, I was requested
to call the attention of this Board, whom the authors have ever
honoured with their esteem ; at all events I was desired to de-
posit it in the hands of the secretary. I have discharged ouo
part of my duty, I perceive not without the approbation of the
meeting ; I will now discharge the remainder, (handing it to the
secretary,) troubling you with very few observations indeed.
(Loud cries of hear, hear.) This communication is such as has
been usually received at periods much less important than the
present. It contains no assertion beyond the strict bounds of
episcopal propriety. The only objection I can possibly see to
its being received with respectful thankfulness and cordiality,
arises from a consideration personal to myself, (hear, hear.) On
the last occasion, two prelates condescended to attend here, and
made in therr own persons the communication of thei/ brother-
hood ; the task has this time devolved to hands much more in-
competent and less entitled to consideration ; and I admit, that
this undesirable circumstance might, if there were no justifica-
tion for it, be a very substantial reason why you would not now
feel so well pleased as before. But, gentlemen, there exists whut
you will, 1 am sure, think a sufficient justification for it. There
was a distinguished prelate to whom the duty of waiting on this
Board was delegated. From this most Rev. prelate — his Grace
DANIEL O'CONNELL, ESQ., M.P. 16'
tho Archbishop, Dr. Murray — I had this morning the honour oir
a letter, intimating his wish that I should appear here for him.
I wrote back to him stating that 1 should much rather see him-
self in attendance : and I got an answer, alleging, as the sole
reason of his intended absence, a sufficient one. as I am quit*
sure you all must at once allow, that he would be kept away by
avocations connected with the discharge of his sacred functions,
too urgent to afford him leisure or admit of delay. (Hear, hear.
Enemies might have suggested that there was an appearance d
disrespect, or of some want of sufficient attention in the variance
from the formality that was observed on the last occasion, but I
flatter myself, it is now quite clear to every gentleman that it
was an appearance only. (Yes, yes.) The motion, then, which
I intend to submit, of a respectful vote of thanks to the prelates,
members of the Catholic Synod, for their communication, and
for the zeal and vigilance they always evince on behalf of the
Catholic Church, will, of course, have your approbation, and the
loud and unanimous concurrence of the people of Ireland. (Hear,
hear.)
Indeed, I may venture to say, that there was no motion ever
submitted to this Board, to which assent will have been so com-
pletely yielded as a matter of course.
The Catholic prelates of Ireland deserve your eternal grati
1 ude. They have stood forward manfully and without disguise,
to assist you in getting rid of a bill which purported to be for
your relief, but which, in reality, would have perpetuated your
degradation and your slavery. (Loud cheers.) The prelates, if
they had given their countenance and support to this bill, might
have consulted and advanced their own worldly interests. But
the sacred calls of duty made them reject such considerations
with contempt. It is not possible to impute any- motives for
their opposition to the measure, but such as must indisputably
have originated in conscience and a sense of duty. (Cheers.)
And they were right, clearly right. They were right — I take
it in the spiritual matter involved in the new regulations ; and
they were most manifestly right in its temporal operation. No-
thing but mischief and degradation, nothing, I repeat, but the
heaviest mischiefs and the most utter degradation could have
resulted from the commission which was proposed in this bill.
For see by whom it was to have been formed and selected, and
ctf whom it was likely to be composed. It was to have been
the creation of the Duke of Richmond, of that man whose ad-
ministration has been signalized by a Riillen and sulky opposi-
166 SELECT SPEECHES OP
tion to the Catholics of Ireland ; and whose most distinguishing
characteristic as a chief governor is, that he continues bitterly
to hate the Papists — he knows not why nor wherefore. (Hear,
hear.)
Well, this hopeful commission, this "charter of emancipation,**
(laughter and cheers,) was to be framed by his Grace the Duke
of Bichmond, and upon whom is it likoly that his choice would
fcili ? Recollect, however, that before his, before even his selec-
tion commenced, you were certain of having, as president of
this commission, that ludicrous enemy of ours, who has got, in
iest, the names he deserves in good earnest, of " Orange Pea,*
(Hear, hear.) A raw youth, squeezed out of the workings of I
know not what factory in England, who began his parliamentary
career by vindicating the gratuitous destruction of our brave
soldiers m the murderous expedition to Walcheren, and was sent
over here before he got rid of the foppery of perfumed handker-
chiefs and thin shoes, upon the ground, I suppose, that he had
given a specimen of his talents for vindication, that might be
useful to the present and future administrations of Ireland ; in
short, that he was a lad ready to vindicate anything — everything !
This special vindicator was to be at the head of the proposed
commission. And let me dismiss him for ever, by venturing to
conjecture what he may hereafter be in our country. But no;
I will not — I cannot estimate his future qualities. It is impos-
sible to say what the man may be in old age, who, young — with
the first impressions of nature about him — with a heart uncon-
taminated, at least, by much intercourse with the world — with
any charities of his nature unsullied — with any milk of human
kindness unexhausted — whose first step in life was the vindica-
tion of the most foolish and the most cruel — the most absurd,
and the most fatal — the most useless, and the most murderous
expedition that human insanity ever directed, or human depra-
vity ever applauded. (Great cheering.)
After this worthy president would have come — the chosen o»
his Grace — first, we should have had, I presume, my Lord Man-
ners ! a gentleman, certainly, by birth, education, and in deport-
ment ; but, I can safely assert, quite as ignorant of the state of
the Irish people, and as unacquainted with their wants, wishes,
feelings, and dispositions, as he was the day before his arrival in
this country. Surrounded by. and pleased with those men onlv
who are inclined and interested to deceive him, he has received
their miserably mistaken opinions, and adopted their bigotry
with a facility quite inconsistent with a sound judgment or an
DANIEL o'CONNELL, ESQ., M. P. 16?
Enlarged understanding — and still more, incompatible witn a
good heart.
In truth, he seems just such a man as bigotry would select as
her choice instrument. Too decent to inspire any disgust — t-jo
polite to give personal offence — too weak to discriminate between
the artful misrepresentation of bigotry and the plain language of
truth, and with the natural propensity of a small mind to the
practical details of intolerance. (Hear, hear.) He has no con-
nection with this country — no interest in its prosperity. He
has no stake in its lands, nor does he possess a habitation or a
dwelling of his own in Ireland. He is a dry lodger — in furnished
lodgings ; and when the hour of his departure shall arrive — and
may it soon come — he will only have to put his hat upon his
head, to turn into bills his large savings on the ten thousand a
year, which the poor people of Ireland pay him, and forget us as
rapidly as we shall consign his name to oblivion. (Cheers.)
Next to n\y Lord Manners, we should have been sure to find
upon the list of these commissioners, the Duke of Richmond's
privy councillor, the Right Hon. Doctor Duigenan ! he, who was
so specially appointed by his Grace for ecclesiastical affairs, and
for none other, that he was very aptly compared to the tanner's
dog, kept chained all day, and only let loose at night. This re-
ligious bull-dog is particularly fitted for worrying Popish bishops,
no tanner's dog ever hating a thief at night, as he does a Popish
priest in the noon-day. It is not in the nature of the canine
guardian, either of the tanned leather or of the ascendancy, to
feel pity or show mercy. (Hear, hear.) Poor Popery would soon
have been torn to pieces beneath his vile tooth.
Either Mr. William Saurin, the Attorney- General, a man after
Doctor Duigenan's own heart (hear, hear), or Jack Giffard would
have been the third commissioner. I suppose the choice would
fall 011 Saurin; for although he is as either of the other two, and
pretty much on a par with them in rancour, yet I will very can-
didly confess, I think him rather superior in other respects to
Gifikrd. He would, therefore, be chosen ; I take it for granted;
and what a state this would be for Ireland? — the grandson of a
French Huguenot sitting in judgment on the Catholic hierarchy
of the land ! A man, belonging, in fact, to the o:ily sect of Pro-
testants who, even under persecution, asserted the atrocious and
unshaken principle of 'intolerance, and afforded to those who de-
prived them of liberty of conscience, the semblance of an excuse
by avowing, that if they were themselves in power they would
persecute in their turn ! With what delight would Mr. Saurin
1C 8 SELECT SPEECHES OF
hold his inquisi ons, under the pretence of examining into the
loyalty of the candidates for the mitre, but for the purpose of
discovering and excluding the talent, the integrity, and the piety
of our priesthood !
And, if these commissioners — if Saurin and Duigenan, Peel
and Lord Manners, should not be sufficient to exclude from the
prelacy all the piety, the integrity, and the talent of the Catho-
lic priesthood, should they so neglect their duty, as to allow a
single worthy man to exercise episcopal functions in Ireland, the
Lord Lieutenant would, under the "chatter of emancipation" —
for I like the expression — have had it in his power to remove
them from that office, and to substitute others who would care-
fully abstain from committing any similar mistake.
So that if this bill had passed into A law, some accident might,
perhaps, have given us, at one time or the other, one respectable
bishop. It would have been impossible that we could have had
a second, or any other, save from among the most sv.pple and
pliant tools and slaves of the Secretary of the Castl«.
I will not task you as Catholics, but I will boldly demand ef
you as Irishmen, whether you do not rejoicft at having escaped
from an act of parliament, the necessary consequences of which
I have thus laid before you? (Hear, hear, hoar.) Do you not re-
joice, that the corrupt influence of the government is not to be
extended to your church, and that there remains, and will re-
main, in Ireland, one spot free from ministerial pollution, and
that your bishops are not to be degraded to the subserviency of
gangers and tide-waiters, nor your priesthood to the dependence
of police constables? (Hear, hear.) If your feelings and opinions
be, as your approbation of those sentiments proclaim them to be,
accordant with mine — if you dread as Catholics, and abhor as
Irishmen, the extension of the influence of the servants of the
crown, an influence equally fatal to religion and to liberty, you
will join with all your hearts, in the unfcnimous adoption of my
motion. (Loud cheers.)
The bishops have stood between yor and this bill ; they have
stood between you and the mephitic breath of ministerial corrup-
tion; they have stood in the front of the battle of Ireland, and
they deserve that, without any regard to the event, the first
praise a«d glory should be theirs, liecollect, too, that your re-
fusal to adopt my motion, if it were possible you should refuse
to adopt it, would imply an appro1 .ation 01 this most paltry and
misconceived bill. To refuse ycn.r thanks to the Catholic pre-
" Ireland, would be to declare that thcv deserve censure.
DANIEL O'CONNELL, ESQ., M.P. 1 6i)
If you think so, reject my motion; but no, no, it ii irr possible
you could bear the name or form of Irishmen, and ceDJU*e the
rejection of this absurd and mischievous bill. (Cheers.)
I shall say one word more and conclude. Perhaps +h«re are
amongst you men who would confide in the liberality of ymr
enemies. If such there be, let him, I entreat, but recollect the
ruffian shout of English insolence, with which the declaration of
the majority against the only valuable clause in this bill was re-
ceived. Oh ! may that be the last shout of English victory over
poor, fallen, and degraded Ireland ! (Hear, hear.) May the
measure of English iniquities, and of English triumphs over us
be full, and the day-star of Ireland at length arise. (Hear,, hear,
hear.)
But they have triumphed, they have defeated, and they have
insulted us. Oh, fortunate Napoleon ! it is thus the leaders of
your foes have ever conducted themselves. Of little avail was
your victory at Lutzen to you, compared with this victory ! The
men who defeated your legions at Barrossa and Vimiera, at Ba-
dajoz and Salamanca, are degraded although they are brave, and
are insulted because of their fidelity. Their valour is disheart-
ened by being refused its just reward, and their honour is in-
sulted, and tarnished, and trod under the hoof of the yelling and
triumphant spirit of English bigotry !
They defeated you, but you are now revenged ; your English
allies havf defeated them, and added contumely and disgrace to
defeat. Without a bribe or a subsidy from you, have these 3ug-
lish fought your battles : and if 'these your most useful allies
have been paid, it has been out of another treasury than yours.
(Hear, hoar.) I shall say no more — I cannot trust mysolf on
this maddening subject. This last insult is indelibly written on
mine and every other Irish "heart. (Hear, hear.) There it shall
live for ever ; we may forgive it, but it shall never, neysr, be
forgotten. (Hear, hear, and cheering for several minutes.) Mr.
O'Connell then moved —
" That the most respectful thanks of the Catholic Board be given to
the Most Rev. and Right Rev. the Catholic Prelates in Ireland, for
their communication to us this day, and for their ever vigilant and reg-
ions attention to the interests of the Catholic church in Ireland."
Major Bry«n seconded the motion, and Mr. Byrne spoke warmly in its support.
Anthony Strong Hussey, Esq., rose to move an amendment It was to the effect, " tha*
All the words after the word 'communication' should be omitted ;" that is to say, thank
tne prelatM biraply for the communication they had that day made to the Board through
Mr OT.onnoN, and to leave out that Branch of the motion which went to thanv- 1>»»^ f>-
170 SELECT SPEECHES OT
utlieir ever vigilant and Kealons attention to the interests of the Catholic church In Ire-
land."
Counsellor Bellew seconded and supported the motion, in a long and able, tut most dlv
creditable speech
REPLY TO MR. BELLEW.
Mr. O'Connell rose and spoke as follows : —
At this late hour, and in the exhausted state of the meeting,
it requires all the impulse of duty to overcome my determina-
tion to allow the debate to be closed without any reply ; but a
speech has been delivered by the learned gentleman (Mr. Bellewy,
which I cannot suffer to pass without further answer.
My eloquent friend, Mr. O'Gorman, has already powerfully
exposed some of its fallacies ; but there were topics involved m
that speech which he has not touched upon, and which, it seems
to me, I owe it to the Catholics and to Ireland to attempt to
refute.
It was a speech of much talent, and much labour and pre-
paration.
Mr. Bellew declared that he had spoken extempore.
Well, (said Mr. O'Connell,) it was, certainly, an able speech,
^fld we shall see whether this extempore effort of the learned
gentleman will appear in the newspapers to-morrow, in the pre-
cise words in which it was uttered this day. I have no skill in
prophecy, if it does not happen ; and if it does so happen, it will,
certainly be a greater miracle, than that the learned gentleman
should have made an artful and ingenuous, though, I confess, I
think a very mischievous speech, without preparation.
I beg to say, that, in replying to him and to the other sup-
porters of the amendment, I mean to speak with great personal
respect of them ; but that I feel myself bound to treat their
arguments with no small degree of reprehension. The learned
gentleman naturally claims the greater part of my attention.
The ingenuity with which he has, I trust, gratuitously advocated
our bigoted enemies, and the abundance in which he has dealt
out insinuations against the Catholics of Ireland, entitle his dis-
course to the first place in my reprobation. Yet I shall take
the liberty of saying a passing word of the other speakers, be-
fore I arrive at him ; he shall be last, but I promise him, not
least in my consideration.
DANIEL O'CONNELL, ESQ., M.P. 171
The opposition to the general vote of thanks to the bishops
was led by my friend Mr. Hussey. I attended to his speech
with that regard which I always feel for anything that cornea
from him ; 1 attended to it in the expectation of hearing from
his shrewd and distinct mind something like argument or rea-
soning against this expression of gratitude to our prelates. But,
my lord, I was entirely disappointed ; argument there was not
any — reasoning there was none ; the sum and substance of hi?
discourse was literally this, that he (Mr. Hussey) is a man of
a prudent and economical turn of mind, that he sets a great
value on everything that is good, that praise is excellent, and,
therefore, he is disposed to be even stingy and niggard of it ;
that my motion contains four times too much of that excellent
article, and he, therefore, desires to strike off three parts of my
motion, and thinks that one quarter of his praise is full enough
for any bishops, and this the learned gentleman calls an amend-
ment. (Hear, hear, and a laugh.)
Mr. Bagot came next, and he told us that he had made a
speech but a fortnight ago, which we did not understand, and
he has now added another which is unintelligible ; and so, be-
cause he was misunderstood before, and cannot be comprehended
at present, he concludes, most logically, that the bishops are
wrong, and that he and Mr. Hussey are right. (Hear, hear, and
laughter.)
Sir Edward Bellew was the next advocate of censure on the
Bishops ; he entertained us with a sad specimen of minor polem-
;us, and drew a learned and lengthened distinction between essen-
tial and non-essential discipline ; and he insisted, that by virtue
of this distinction, that which was called schism by the Catholic
prelates, could be changed into orthodoxy by an Irish baronet.
This distinction between essential and non-essential, must, there-
fore, be very beautiful and beautifying. It must be very sub-
lime, as it is very senseless, unless, indeed, he means to tell us,
that it contains some secret allusion to our enemies. For ex-
ample, that the Duke of Richmond affords an instance of the
essential, whilst my Lord Manners is plainly non-essential ; that
Paddy Duigenan is essential in perfection, and the foppish Peel
is, in nature, without essence j that Jack Giffard h, surely, of
the essential breed, whilst Mr. Willy Saurin is a dog of a differ-
ent colour. (Hear, and laughter.)
Such, I presume, is the plain English of the worthy baronet's
dissertation. Translated tkus, it clearly enough alludes to tne
new commission ; but it would be more difficuP ;o show how tt
172 SELECT SPEECHES OF
applied in argument against my motion. I really did not expect
so whimsical an opposition from the honourable baronet. I*.
there be any feeling of disappointment about him for the rejec-
tion of the double Veto bill, he certainly ought not to take re-
venge on the Board, by bestowing on us all the tediousness of
incomprehensible and insane theology. I altogether disclaim
reasoning with him, and I freely consent that those who relist
his authority as a theologian, should vote against the prelates.
And, now, I address myself to the learned brother of the theo-
logical baronet. He began by taking great merit to himself, and
demanding great attention from you, because i;e ?»ys that he
has so rarely addressed you. You should yield to him, he says,
because he so seldom requires your assent. It reminds me of
the prayer of the English ofn\ er before battle : " Great Lord,
said he, during the forty years 1 have lived, I never troubled
you before with a single prayer. I have, therefore, a right, that
you should grant me one request, and do just as I desire, for
this once." (Hear, hear, and laughter.) Such was the mannei
in which the learned gentleman addressed us ; he begs you wil
confide in his zeal for your interests, because he has hitherto con
fined that zeal to his own (loud and continued cries of hear, hear.
He desires that you will rely upon his attention to your affair?
because he has been heretofore inattentive to them ; and tha
you may depend on his anxiety for Catholic Emancipation, ina*
much as he has abstained from taking any step to attain tha
measure. (Hear,)
Quite different are my lium-de claims on your notice — quite
different are the demands I make on yo*.ir confidence. I humbly
solicit it, because I have sacrificed, and do, and ever will sacri-
fice, my interest to yours — because I have attended to the vary-
ing posture of your affairs, and sought for Catholic Emancipa-
tion, with an activity and energy proportioned to the great ol>-
ject of our pursuit. I do, therefore, entreat your attention
whilst 1 unravel the spider-web of sophistry with which the
learned gentleman has this day sought to embarrass and dis-
figure your cause.
His discourse was divided into three principal heads, i^irst,
he charged the Catholic prelates with indiscretion. Secondly
he charged them with error. And lastly, he charged the Catho-
lics with bigotry ; and with the zeal and anxiety of an hired
advocate, he gratuitously vindicated the intolerance of our op-
pressors. I beg your patience, whilst I follow the learned
irentleman through this threefold arrangement, of his subject. J
DANIEL Q'CONNELL, ESQ., M.P. 173
shall, however, invert the order of his arra gement, and begin
with his third topic.
His argument, in support of the irJkolerants, runs thus. First,
he alleges that the Catholics are attached to their religion with
a bigoted zeal. I admit the zeal but I utterly deny the bigotry.
He seems to think I overcharge his statement ; perhaps I do ;
but I feel confident that, in substance, this accusation amcuated
to a direct charge of bigotry. Well, having charged the Catho-
lics with a bigoted attachment to their church, and having truly
stated our repugnance to any interference on the part of the
secretaries of the Castle with our prelates, he proceeded to insist
that those feelings on our part justified the apprehensions of the
Protestants. The Catholics (said Mr. Bellew) are alarmed foi
their church ; why should not the Protestants be alarmed als
for theirs ? The Catholic (said he) desires safety for his reU
gion ; why should not the Protestant require security for his s
When you, Catholics, express your anxiety for the purity of youi
faith (adds the learned advocate), you demonstrate the necessity
there is for the Protestant to be vigilant for the preservation of
hia belief; and hence, Mr. Bellew concludes, that it is quite
natural, and quite justifiable in the Liverpools and Eldons of
the Cabinet, to invent and insist upon guards and securities,
vetoes, and double vetoes, boards of control, and commissions for
loyalty.
Before 1 reply to this attack upon us, and vindication of our
enemies, let me observe, that, however groundless the learned
gentleman may be in argument, his friends at the Castle will, at
least, have the benefit of boasting, thac such assertions have been
made by a Catholic, at the Catholic Board.
And, now, see how futile and unfounded his reasoning is : he
says, that our dislike to the proposed commission justifies the
suspicion in which the plan of such commission originated ; that
our anxiety for the preservation of our church vindicates those
who deem the proposed arrangement necessary for the protection
of theirs — a mode of reasoning perfectly true, and perfectly ap-
plicable, if we sought any interference with, or control over, the
Protestant Church. If we desired to form any board or com-
mission to control or to regulate the appointment of their bishops,
deans, archdeacons, rectors, or curates ; if we asked or required
that a single Catholic should be consulted upon the management
of the Protestant Church, or of its revenues or privileges ; then,
indeed, would the learned gentleman be right in his argument,
and then would he have, by our example, vindicated our enemies.
174 SELECT SPEECHES OP
But the fact does not bear him out ; for we do not seek, nor
desire, nor would we accept of, any kind of interference with the
Protestant Church. We disclaim and disavow any kind of con-
trol over it. We ask not, nor would we allow, any Catholic
authority over the mode of appointment of their clergy. Nay,
^ve are quite content to be excluded for ever from even ad-
vising his Majesty, with respect to any matter relating to or
concerning the Protestant Church — its rights, its properties, or
its privileges. I will, for my own part, go much further ; and
I do declare, most solemnly, that I would feel and express equal,
if not stronger, repugnance to the interference of a Catholic with
the Protestant Church, than that I have expressed and do feel to
any Protestant interference with ours. In opposing their inter-
ference with us, I content myself with the mere war of words.
But if the case were reversed — if the Catholic sought this control
over the religion of the Protestant, the Protestant should com-
mand my heart, my tongue, my arm, in opposition to so unjust
and insulting a measure. So help me God ! I would in that
case not only feel for the Protestant and speak for him, but I
would fight for him, and cheerfully sacrifice my life in the de-
fence of the great principle for which I have ever contended —
the principle of universal and complete religious liberty. (Loud
and repeated cheers.)
Then, can any thing be more absurd and untenable than the
argument of the learned gentleman, when you see it stripped of the
false colouring he has given it ? It is absurd to say, that merely
because the Catholic desires to keep his religion free, the Pro-
testant is thereby justified in seeking to enslave it. Reverse the
position, and see whether the learned gentleman will adopt or
enforce it. The Protestant desires to preserve his religion free ;
would that justify the Catholic in any attempt to enslave it ? I
will take the learned advocate of intolerance to the bigoted court
of Spain or Portugal, and ask him, would he, in the supposed
case, insist that the Catholic was justifiable. No, my lord, he
will not venture to assert that the Catholic would be so ; and I
boldly tell him, that in such a case, the Protestant would be
unquestionably right, the Catholic, certainly, an insolent bigot.
(Hear, hear.)
But the learned gentleman has invited me to a discussion of
the question of securities, and I cheerfully follow him. And I
do, my lord, tissert, that the Catholic is warranted in the most
scrupulous and timid jealousy of any English, for I will not call
it Protestant, (for it is political, and not, in truth, religions) in-
DANIEL o'CONNELL. ESQ., M.P. 175
terferenee with his church. And I will also assert, and am ready
to prove, that the English have no solid or rational pretext for
requiring any of those guards, absurdly called securities, over us
or our religion.
My lord, the Irish Catholics never, never broke their faith —
they never violated their plighted promise to the English. I
appeal to history for the truth of my assertion. My lord, the
English never, never observed their faith with us, they never
performed their plighted promise ; the history of the last six
hundred years proves the accuracy of my assertion. I will leave
the older periods, and fix myself at the Revolution. More than
one hundred and twenty years have elapsed since the treaty of
Limerick ; that treaty has been honourably and faithfully per-
formed by the Irish Catholics ; it has been foully, disgracefully
and directly violated by the English. (Hear, hear, hear.) Eng-
lish oaths and solemn engagements bound them to its per-
formance ; It remains still of force and unperformed ; and the
ruffian yell of English treachery which accompanied its first vio-
lation, has, it seems, been repeated even in the senate house at .
the last repetition of the violation of that treaty. They rejoiced
and they shouted at the perjuries of their ancestors — at .their
own want of good faith or common sense.
Nay, are there not present men who can tell us, of their own
knowledge, of another instance of English treachery ? Was not
the assent of many of the Catholics to the fatal — oh ! the fatal
measure of the Union purchased by the express and written pro-
mise of Catholic Emancipation, made from authority by Lord
Cornwallis, and confirmed by the prime minister, Mr. Pitt ?
And has that promise been performed 1 or has Irish credulity
afforded only another instance of English faithlessness ? Now.
my lord, I ask this assembly whether they can confide in Eng-
lish promises? I say nothing of the solemn pledges of individuals.
Can you confide in the more than punic faith of your hereditary
task-masters ? or shall we be accused of our scrupulous jealousy,
when we reject, with indignation, the contamination of English
control over our church ?
But, said their learned advocate (Mr. Bellew), they have a
right to demand, because they stand in need of securities. I deny
the right — I deny the need. There is not any such right — there
exists no such necessity. What security have they had for the
century that has elapsed since the violation of the treaty of Li-
merick ? What security have they had during these years of
oppression and barbarous and bloody legislation 1 What security
176 SELECT SPEECHES OF
have they had whilst the hereditary claim of the house of Stuart
remained 1 And, surely, all the right that hereditary descent
could give was vested in that family Let me not be misunder-
stood. I admit they had nc right ; I admit that their right was
taken away by the people. 1 freely admit that, on the contrary
the people have the clear right to cashier base and profligate
princes. (Hear, hear.) What security had the English from our
bishops when England was invaded, and that the unfortunate
out gallant Prince Charles advanced into the heart of England,
guided by valour, and accompanied by a handful of brave men,
who had, under his command, obtained more than one victory 1
He was a man likely to excite and. gratify Irish enthusiasm ; he
was chivalrous and brave ; he was a man of honour, and a gen-
tleman ; no violator of his word ; he spent not his time ia mak-
ing his soldiers ridiculous, with horse-tails and white feathers ;
ne did not consume his mornings in tasting curious drams, and
evenings hi gallanting old women. What security had the
English then 1 What security had they against our bishop* or
our laity, when America nobly flung off the yoke that had be-
come too heavy to be borne, and sought her independence at the
risk cf her being ? What security had they then ? I will tel)
you, my lord. Their security at all those periods was perfect and
complete, because it existed in the conscientious allegiance of the
Catholics ; it consisted in the duty of allegiance which the Irish
Catholics have ever held, and will, I trust, ever hold sacred ; it
consisted in the conscientious submission to legitimate authority,
however oppressive which our bishops have always preached,
and our laity have always practised. (Cheers.)
And now, my lord, they have the additional security of our
oaths, of our ever-inviolated oaths of allegiance ; and if they had
emancipated us, they would have had the additional security of
our gratitude and of our personal and immediate interests: We
liave gone through persecution and sorrow; we have experienced
oppression and affliction, and yet we have continued faithful
How absurd to think that additional security could be necesbary
to guard against conciliation and kindness !
But it is not bigotry that requires those concessions ; they
were not invented by mere intolerance. The English do not dis-
like us as Catholics — they simply hate us as Irish; they exhaust
their blood and treasure for the Papists of Spain; they have
long observed and cherished a close and affectionate alliance
with the ignorant and bigoted Papists of Portugal; arid now they
oxert every sinew to preserve those Purists from the hourors of JL
DANIEL O'CONNELL ESQ., M.P.
foreign yoke. They emancipated the French Papists in Canada,
and a German Papist is allowed to rise to the first rank in his
profession— the army ; he can command not only Irish but even
English Protestants. Let us, therefore, be just ; there is no such
horror of Popery in England as is supposed ; they have a great
dislike to Irish Papists ; but separate the qualities— put the filthy
whiskers and foreign visage of a German on the animal, and the
Papist is entitled to high favour from the just and discriminating
English. We fight their battles ; we beat their enemies ; we
pay their taxes, and we are degraded, oppressed, and insulted
Sloud applause), whilst the Spanish, the Portuguese, the
French, and the German Papists are courted, cherished and
promoted.
' I revert now to the learned gentleman's accusation of the
bishops. He has accused them of error in doctrine and of indis-
cretion in practice. He tells us that he is counsel to the college
of Maynooth, and, in that capacity, he seems to arrogate to him-
selL? much theological and legal knowledge. I concede the law
but I deny the divinity; neither can I admit the accuracy of Oft
euloo-iuin which he has pronounced on that institution, with iw
mongrel board of control— half Papist and half Protestant, i
was, Indeed, at a loss to account for the strange want of talent
_ for the silence of Irish genius which has been remarked within
the college. I now see it easily explained. The incubus of jea-
lous and rival intolerance sits upon its walls, and genius, and
taste and talent fly from the sad dormitory, where sleeps the
spirit of dulness. I have heard, indeed, of their Crawleys and
these converts, but where, or when, will that college produce a
Magee or a Sandes, a M'Donnell, or a Griffin? When will the
warm heart of Irish genius exhibit in Maynooth such bright ex-
amples of worth and talent as those men disclose? It is true,
that the bigot may rule in Trinity College; the- highest station
in it may be the reward of writing an extremely bigoted and
more foolish pamphlet; but still there is no conflicting principle
of hostile jealousy in his rulers; and, therefore, Irish genius does
not slumber there, nor is it smothered as at Maynooth.
The accusation of error brought against the bishops oy the
learned gentleman, is sustained simply upon his opinion and
authority. The matter stands thus:— at the one side, we have
•che most rev. and right rev. the Catholic prelates of Ireland, who
ussert that there is schism in the proposed arrangement; on the
other side, we have the very rev. the counsel for the college of
Maynooth, who asserts that there is no schism in that arrange-
178 SELECT SPEECHES OP
ment. These are the conflicting authorities. The rev. prelates
assert the one ; he, the counsellor, asserts the other ; and, as we
have not leisure to examine the point here doctrmally, we aro
reduced to the sad dilemma of choosing between the prelates
and the lawyer. (Laughter and cheers.) There may be a want
of taste in the choice which I make, but I confess I cannot but
prefer the bishops. I shall, therefore, say with them, there
would be schism in the arrangement, and deny the assertion oi
the rev. counsel, that it would not be schism. But suppose his
reverence, the counsel for Maynooth, was right, and the bishops
wrong, and that in the new arrangement there would be no
schism, I then say, there would be worse; there would be cor-
ruption, and profligacy, and subserviency to the Castle in it, and
its degrading effects would soon extend themselves to every rank
and class of the Catholics.
I now come to the second charge which the learned gentleman,
in his capacity of counsel to the college of Maynooth, has brought
against the bishops. It consists of the high crime of " indiscre-
tion." They were indiscreet, said he, in coming forward so soon
and so boldly. What, when they found that a. plan had been
formed which they knew to be schismatic and degrading — when
they found that this plan was matured, and printed, and brought
'nto parliament, and embodied in a bill, and read twice in the
House of Commons, without any consultation with, and, as it
were, in contempt of the Catholics of Ireland — shall it be said,
that it was either premature or indiscreet, solemnly and loudly
to protest against such plan ! If it were indiscreet, it was an
indiscretion which I love and admire — a necessary indiscretion,
unless, perhaps, the learned counsel for Maynooth may imagine
that the proper time would not arrive for this protest until the
oill had actually passed, and all protest should be unavailing.
No, my lord, I cannot admire this thing called Catholic dis-
cretion, which would manage our affairs in secret, and declare
our opinions, when it was too late to give them any importance.
Catholic discretion may be of value at the Castle ; a Catholic
secret may be earned, to be discounted there for prompt pay-
ment. The learned gentleman may also tell us the price that
Catholic discretion bears at the Castle, whether it be worth a
place, a peerage, or a pension. (Loud cheering.) But, if it have
value and a price for individuals, it is of no worth to the Catho-
lic people. I reject and abjure it as applicable to public officers.
Our opinions ought to be formed deliberately, but they should
!>e announced manfully and distinctly. We should be dcspi-
DANIEL O'COXNELL, ESQ., M.P. 179
cable, and deserve to continue in slavery., if we could equivocate
or disguise our sentiments on those subjects of vital importance;
and I call upon you to thank the Cathoiic prelates, precisely be*
cause they had not the learned gentleman's quality of discretion,
and that they had the real and genuine discretion, which made
them publish resolutions consistent with their exalted rank and
reverend character, and most consonant to the wishes and view?
of the Catholic people of Ireland. (Hear, hear.)
I now draw to a close, and I conjure you not to come to any
division. Let the amendment be withdrawn by my learned
friend, and let our approbation of our amiable and excellent,
our dignified and independent prelates, be, as it ought to be,
unanimous. \Ve want unanimity ; we require to combine in
the constitutional pursuit of Catholic Emancipation ; every class
and mnk of the Catholics — the prelate and the peer, the country
gentleman and the farmer, the peasant and his priest ; our ca-
reer is to begin again ; let our watchword be unanimity, and
our object be plain and undisguised, as it has been, namely,
simple Repeal. (Loud applause.) Let us not involve or em*
barrass ourselves with vetoes, and arrangements, and securities
and guards, and pretexts of divisions, and all the implements
for ministerial corruption, and Castle dominion ; let our cry be
simple Kepeal. (Applause.)
It is well — it is very well that the late bill has been rejected.
I rejoice that it has been scouted. Our sapient friends at Cork
called it a " Charter of Emancipation." You, my lord, called
it so ; but, with much respect, you and they are greatly mis-
taken. In truth, it was no charter at all, nor like a charter ;
and it would not have emancipated. This charter of emancipa-
tion was no charter j and would give no emancipation. As a
plain, prose-like expression, it was unsupported • and, as a figure
and fiction, it made very bad poetry. No, my lord, the bill
would have insulted your religion, and done almost nothing for
your liberties ; it would have done nothing at all for the people
—(loud and repeated cries of hear, hear) ; it would send a few
of our discreet Catholics, with their Castle-discretion, into the
House of Commons, but it would not have enabled Catholic
peers in Ireland to vote for the representative peers : and thus
the blunder arose, because those friends, who, I am told, took
BO much trouble for you, examined the act of Union only, and
did not take the trouble of examining the act regulating the
mode of voting for the representative peers. (Loud cries 01
near, hear.)
I. SO SELECT SPEECHES OF
The bill would have done nothing for the Catholic bar, save
the paltry dignity of silk gowns ; and it would have actually
deprived that bar of the places of assistant- barrister, which as
the law stands, they may enjoy. It would have done nothing in
corporations — literally nothing at all ; and when I pressed this
on Mr. Plunket, and pointed out to him the obstacles to cor-
porate rights, in a conference with which, since his return to Ire-
land, he honoured me, he informed me — and informed me, of
course, truly — that the reason why the corporations could not
be further opened, or oven the Bank of Ireland mentioned, was,
because the English would not listen to any violation of char-
tered rights ; and this bill, my lord — this inefficient, useless,
and insulting bill — must be dignified with the appellation of a
" Charter of Emancipation." I do most respectfully entreat,
iny lord, that the expression may be well considered before it is
used again.
And now let me entreat, let me conjure the meeting to ban
Ish every angry emotion, every sensation of rivalship or oppo
sition ; let us recollect that we owe this vote to the unimpeached
character of our worthy prelates. Even our enemies respec*
diem ; and, in the fury of religious and political calumny, the
breath even of hostile and polemical slander has aot reached
them. Shall Catholics, then, be found to express, or even to
imply censure ?
Recollect, too, that your country requires your unanimous
support. Poor, degraded, and fallen Ireland ! has you, and, I
may almost say, you alone to cheer and sustain her. Her friends
have been hike-warm and faint-hearted ;. her enemies are vigil-
ant, active, yelling, and insulting. In the name of your coun-
try, I call on you not to divide, but to consecrate your unani-
mous efforts to her support, till bigotry shall be put to flight,
and oppression banished this land for ever. (Hear, hear, and
loud cheering.)
EMANCIPATION— THE REGENT'S PLEDGE.
AT * meeting of the Catholic Board, on the 29th of May, 1813, Mr. O'Connell spoke aa fo
lows, upon the Regent's pledge relative to Catholic Emancipation :—
He said, he rose to make the motion of which he had given
aotice on Saturday last, relative to the recorded opinion of hi*
DANIEL O'CONNELL, ESQ., M.P. 1«1
Royal Highness the Prince Regent, upoi the subject of the
Catholic claims.
It was a duty which he felt imposed on him by the present
posture of Catholic affairs, to place beyond the reach of contro-
versy, present or future, the various motives which had encou-
raged the Catholics of Ireland to persevere in pressing their wants
on the consideration of parliament. Desirous to obtain Eman-
cipation through the legitimate channels of the constitution, and
J would not accept it through any other, I wish to demcr-strate to
the world, that we have had, and still ought to retain, the highest
possible personal encouragement to persevere in the demand of
our rights — to show that those rights have been distinctly and
unequivocally, deliberately and repeatedly recognized by the
very first personage in the state.
This is one great object of my present motion. There is an-
other, and one of some personal and national interest. I wish
to justify to the world the enthusiastic effusion of affection with
which the first approach to power of his Royal Highness the
Prince Regent was gr3eted by so humble an individual as myself
— effusions which were congenial to the sentiments, as they were
freely adopted by the deliberate assent of the people of Ireland.
I desire to prove, that we were not actuated by the mere delusion
of loyalty, nor by the expectations of royal patriotism, originating
in our own warmth of hope, or created by the fertility of our
own fancy. Onr hopes may have been delusive, but they were
not irrational.
Allegiance to the sovereign has been long the pride and boast
of the Catholic people of Ireland — an allegiance not created by
personal kindness, but sustained by a rigid sense of duty. The
Catholics were loyal to the ill-fated and oppressive L<oTise of
Stuart. Even amidst the crimes of that unfortunate faoiily — and
towards the Irish they were very criminal — even amidst the crimes
and oppressions of that family, the Irish continued faithful ; and,
in the season of their distress, when the Stuarts deprived them
selves of all other friends, the Irish Catholics served them with
a zeal and a bravery proportioned only to the wants of their for-
mer oppressors. Allegiance then, perhaps, ceased to be a duty
and was certainly imprudent ; but the Irish heart was not cold
or calculating, and it cheerfully spilled its dearest blood in the
protection of those very princes, who, in the hour of their pro-
sperity, had insulted and plundered them. Carried too fai% it
vas a mistaken and an absurd principle of action ; but the spring
182 SELECT SPEECHES OP
uas not lost all its elasticity, and what our fathers had been, the
Catholics of the present day were inclined to be.
The Prince of Wales certainly appeared to justify this over -
weening propensity to loyalty, and had been brought up in the
school of the most manly and honest statesman of the age —
Charles Jainss Fox — a man who inherited so much of fervour of
liberty, that it glowed in his heart amidst the chilling scenes of
parliamentary profligacy, and was never extinguished, even by
the cold damps of ministerial corruption. The Prince had been
long dear to Ireland. When upon his Majesty's first illness in
1788, Mr. Pitt, that greatest curse that ever providence, in its
wrath, had inflicted on England — when Mr. Pitt, in 1788, re-
solved to alter the constitution, and, in point of fact, disinherited
the Prince of his due succession to the regal power, he was ap-
plauded by the corrupt tribe of borough-mongers, whose applause
he paid for with the public money, and he was supported by,
what was then called, the monied interest, with whom he had
bartered and sold his country. Mr. Pitt accomplished his pur-
pose in England, and bequeathed his example as no unproductive
legacy to the late pious Perceval.
But the Irish parliament judged more rightly; there were
borough-mongers in it in abundance. There were corrupt and
bribed men in it ; but there was an Irish heart in that parlia-
ment, that more than once triumphed over all the influence of
the minister, and over all the powers of corruption. The Irish
parliament decided — and decided justly — that, as upon the per-
sonal demise of the King, the regal authority would belong, of
unquestionable right to the Prince ; so, upon the political and
moral decease of the reigning sovereign — for loss of reason is
surely moral and political decease — the authority of the crown
ought, by the closest and clearest analogy, belong to the same
prince.
In the one case, George the Third was, for any of the pur-
poses of the constitution, as much dead as in the other ; and tho
commensurate consequences ought to have followed in one case
as in the other, It was thus the parliament of Ireland deter-
mined ; and the Irish people, with one voice, confirmed that de-
cision.
Who can forget the answers of his Royal Highness — who can
forget now he talked of his "affection and gratitude to the gene-
rous people of Ireland T — how he promised to devote his life
" to the preservation of their Hbertiea — to the establishment of
their happiness I"
DANIEL O'CONNELL, ESQ., M.P. 183
When, after a silence of more than twelve years, the Catholic
question was revived and Brought before parliament in 1805,
we had the meanness (pardon me the expression, it is extorted
by truth^ to apply to Mr. Pitt to present our petition. Mr.
Pitt, whose written pledge in favour of Catholic Emancipetion,
was in our hands — Mr. Pitt, ever consistent in abandoning any
principle that might injure his interests, refused to interfere on
our behalf, or to perform his promise.
How different was the conduct of Mr. Fox. He well knew
tkat by assisting us, he would increase the number of his ene
mies in England, and the difficulty of his attaining power. But
he did not hesitate to become cur advocate ; he presented the
petition, and supported it by one of those powerful bursts of
eloquence, the effects of which upon the English mind, still ope-
rate in our favour. At that period, Mr. Fox was the intimate
— the particular friend of the Prince. It required little powei
of association to combine the wishes of the one with the senti-
ments of the other. And although the Prince did not attend
the House of Peers, when our question was debated — though he
neither spoke in the house, nor voted for us, yet his opinions
were not concealed.
Shortly after that debate, a letter was written, by the late
Earl of Kenmare, to a gentleman still, in this town, stating the
substance of a communication made to him by the Prince of
Wales on the subject of our claims, in which the Prince most
distinctly recognized the justice and the expediency of conces-
sion to us ; excused himself for yielding to the obvious motives
of delicacy, which prevented him at that period from taking any
public part on our behalf, but added the solemn declaration of
his determination to forward our relief so scon as he might have
it in his power constitutionally to do so. Such, Mr. Chairman,
was the substance of the Prince's pledge, as stated in the letter
of the Earl ot Kenmare. It contained a request, that the
gentleman to whom it was written (a Catholic barrister of familj
and fortune, and of eminence in his profession.) should show it
to many of the Catholic noblemen and gentlemen in Ireland, so
as to give it as much publicity as possible, without inserting it
in the newspapers.
And, here, 1 beg leave to correct an error into which I was
ied on this subject by the perusal of Lord Kenmare's letter. I
certainly did understand his lordship to have stated, that the
Prince's sentiments were communicated in writing, and were
transmitted to the noble earl, by Colonel M'Mahon, at Chelten-
184 SELECT SPEECHES OF
ham. How I could have been mistaken I know not, but it is
quite certain that I was under a mistake ; for, having at a pub-
lic meeting asserted the existence of such written pledge in th«
hands of Lord Kenmare, his lordship wrote to me shortly after
to say, that he had no written pledge from the Prince — that the
tieclaration made to him by his Royal Highness was not in
writing, but was merely verbal. I did then press upon his lord-
ship to allow me to put before the public, in an authentic shape,
me particulars of such verbal declaration, and declared, if lie
would do so, my readiness to contradict the existence of t^e
pledge in writing. But I could not succeed in obtaining from
him the publication under his direct sanction, of the precise
nature and of the particulars of a communication in which mii-
.ions are interested.
Since that period the noble lord is no more. With his vir-
tues, his secret, if I may so call it, is buried. Nothing remains
of it but the fading recollection of persons who have heard the
language of the Prince only from the report of the noble earl.
There lives, however, another noble earl, and long may he live
for Ireland — the Earl of Fingal (hear, hear,) to whom a similar
communication was made by the Prince of Wales. It was not
made in any confidence, but expressly for the purpose of being
circulated amongst the people of Ireland, and to serve as a sooth
ing balm to assuage the fever of a disappointment created by a
rejection of their petition. This declaration of his Royal High-
ness to the Earl of Fingal contained the same assertion of his
having been prevented by motives of delicacy and respect from
giving us public support, and of his conviction of the justice of
our claims, and his determination to assist, wherever he might
be able to afford constitutional assistance.
I am enabled to be thus minute, because the particulars of
his communication have been preserved with an accuracy suit-
able to their importance. The Earl of Fingal, who is placed at
the head of the Catholics of Ireland, much more by the unfading
lustre of his virtues, than by his exalted rank and ancient hon-
ours— Lord Fingal, on the very day of his communication, put
the particulars upon paper ; and as Lord Clifden, and the late
Lord Petro, were present at the conversation, the paper was
shown to them on the same day, and they declared the perfect
accuracy of its contents. This it is that I am desirous should
come before the public, and remain for ever as an authentic
document of the free and unbiassed opinion and judgment of hip
Uoyal II i^-.h ;:-•>« the Prince of Wnlos in our fstvoi.r
DANIEL O'COXNELL, ESQ., M ». 185
I repeat that no delicacy is violated by the disclosure of this
fact ; it was communicated to me without any circumsrnnc.;
betokening confidence. I heard it from the noble earl in Fitss-
patrick's shop ; there were three or four others present — one of
whom was my respected friend Captain Bryan ; and indeed, from
its nature, it could not have been intended for any secrecy.
But this was not the only authentic proof we had of the seii-
jmentsof his Roya! Highness; there are several gentlemen pre-
flent, to whom a similar pledge from the Prince was commum-
%Ciited, by his Grace the Duke of Bedford, whilst he was Lord
Lieutenant in tais country. Indeed, I understand that nothing
could be more distinct than the promises held out in that respect
by the Duke of Bedford ; and there can be no doubt that his
Grace did not so promise without the express authority of his
Jioyal Higfmess. With these sure groiwids of hope — with a re-
liance upon the honour and integrity of the Prince — with all the
confidence inspired by his declaration, that power was a trust for
the people, the Catholics of Ireland viewed his accession to power
witli the most ardent, the most affectionate demonstrations of
loyalty.
That loyalty does, and will ever remain unshaken; but subse-
quent events have damped the ardour of our affections, and
turned into the cold observances of duty, tfiose feelings of en-
thusiastic attachment with which we were prepared to support
a prince who should rule for the good of the people. If thosu
feelings had been encouraged — if their growth had been fostered,
what, a different scene would Ireland at this day present ! Iu-
fctead of detaining an army in her Barracks, her entire population,
her instinctively martial population, would have furnished t.-u
armies for the public service, and the tranquillity of the laud
would be secured by an unarmed police constable. Would tc
God I could contribute to produce such a state of the public
mind ! But, if we cannot revive those hopes, let us, at least,
j.ive the grounds upon which they stood as an imperishable re-
:-ord of our right to freedom. Our children will, in addition to
the arguments in favour of their liberty, bo able to adduce the
4'ithority of, first, nearly a majority of the House of Lords ; se-
condly, of repeated majorities in the House of Commons; and
thirdly, of his J loyal Highness the Prince Regent.
Besides, the authentication ot' this pledge may serve as a check
upon the favourites and ministers of his Royal Highness With
the knowledge of the existence of these pledges, that pious and
very exemplary character, Lord Yarmouth, may cease to i iftiso
N
ISO SELECT SPEECHES OP
scruples into the mind of the Prince. Nothing can be more ad-
mirable than Lord Yarmouth's zeal for the Prbtestant religion ;
ho is an ornament to the Protestant church, and it is certainly
a consolation to the people of Ireland to be able to attribute theif
sufferings to the hallowed source of that noble lord's piety. But
Ke will not, zealot though he be, he will not adviy3 his royal
master to leave those his solemn pledges unredeemed j neither
will any minister attempt to advise the Prince to violate his word.
f.r 10 enter into an unconstitutional and unbecoming canvas*
agiiinst us, or to hold out promotion in the army os a reward
for betraying our rights; neither will any prime minister of the
?leg'jiit dare to suggest the holding up of any office, such, for ex-
aznple, as that lately held by Lord Ormonde, to auction, tc as-
certain who could bid most parliamentary interest against the
Catholics, as the price of such a place.
Nothing of that kind can occur to the mind of a minister who
beholds how solemnly his Royal Highness has promised to us hig
countenance and protection. I think, therefore, you will sot
hesitate to accede to my motion. My object is, that it should
be carried into effect in the manner most respectful to the Earl
of Fingal ; I feel for that noble lord the most profound respect.
Tbo Irish people owe him and they cherish for him, the most
unbounded gratitufle. I shall deeply regret if my motion gives
him one unpleasant sensation ; I think it is not ^calculated, as it
certainly is not intended to do so. And should his lordship
think that this is not the moment to give to the public the docu-
ment in question, I shall respect the delicacy that may suggest
a decision, which in itself I would consider unikvourable to the
just hopes of the Catholics.
Mr O'Connell concluded by moving —
" That the secretary be directed to write to the Earl of Finga*, in the
most respectful manner, to request of him to communicate to 'he Board
the contents of the paper, containing the declaration of his Royal High-
ness the Prince of Wales on the Catholic ciaims, made to his Lordahip,
:n the presence of Viscount Clifden and Lord Petre."
Major Bryan bore testimony to the accuracy of Mr. O'Connell in the statement he had
raaie relative to Lord Fingal. He (Major Bryan) had oeen present, 30 was also Sir Francit
Gooid. when the noble earl i elated the entire circumstance*. of the declaration of the
Kegent.
Mr. Bagot said he was happy that the result of the learned gentleman's oration was suet
A* to save him the trouble of going over the numerous topics he had introduced, and tr
tender it only necessary for him to give a short opiniou upon the expediency of his motion
tn It respected the personal feelings of Lord Fingal. And as it regarded his lordship's prl
vswe sentiment he had no hesitation in avowing that \i met with Ms moat decided oj-wi^
DANIEL O'<JONNELL, ESQ., M.P. 18*
>rob!rtivMi. He knew Lord Fin gal would not consent to the request that was about to be
made to him— nay, he had authority for avowing the fact.
Why should he then be placed in an invidious and disagreeable position ?
Mr. Bagot (in the words of the report we quote— viz., the Dublin Evening Post) con-
cluded a very di^nitied and animated speech, by deprecating a warfare with the first
magistrate of these realms, who could do service, and might do injury. Some gentlemen
•eeniud to consider such & warfare extremely useful in promoting the success of the cause
of Ireland.
Mr. O'Connell said he had but one word to reply to that as-
sertion of Mr. Bagot's, which attributed to the violence and dis-
respectful conduct of the Catholic^, the opposition they had to
encounter ft om a certain quarter. That gentleman was strangely
mistaken. It was surprising how he could be so very much
mistaken. It was long before the resolutions he alluded to, that
the opposition to the Catholics commenced.
Nay, long before those resolutions, and while the Catholics
were in the midst of their praises of the Regent, and full of their
hopes from him, while they wera calling his Royal Highness theii
early friend — their best and proudest hope— it was then, even
then, in the full tide of their warm affections that they had been
met by a state "prosecution — that they were handed over to the
Attorney- General, and to the Duke of Richmond, and to Lord
Manners, that their delegates were arrested, and their meeting*,
dispersed !
It was at that period of confidence and affection that the com-
mon police justices were sent to arrest the noble earl at their head !
The resolutions to which Mr. Bagot had alluded were not the
causes of the oj^position to us; they were, on the contrary, the
consequences of" that veiy opposition. They followed as the
effect of that opposition ; they did not precede nor create it. It
was after the prosecution against us had commenced, long after,
that we publicly mourned the " unworthy witchery" which had.
with magic touch, blasted our fervent hopes, and blighted our
fairest projects!
It would, seem, too, that Mr. Bagot threatens us with the
alienation of the mind of his Royal Highness from us and from
oar cause. He forgets that the Prince is of a very forgiving dis-
position. Before he attained power, his royal brother, the Duke
of Cumberland, gave him, it is said, no great cause for ardent
affection. They were supposed to be upon no very good terms,
yet he has become, and most deservedly, a prime favourite, so
that, although that royal duke is valiantly serving his country,
and putting down the French, one is surprise^ he can be spared
it home ! (Cheers and laughter.)
fcELLCT fcPEECntES OF
Again was there ever so decided an enemy to the Prince a*
the man whom he selected as his first and favourite prime mi-
nister, the god-like Perceval? What is it, too, that has attached
him to Lord Yarmouth? But 1 need not press the subject.
(:'an it be otherwise than clear that his Royal Highness is not
actuated by mere low and selfish motives. He has neither pre-
dilection nor resentments !
Mr. Bagot made a brief reply, chiefly in explanation, and the Board then divided: —
For Mr. O'Connell's motion (that Lord Fingal should be written to respecting
the written account of the liegent's declaration to him in favour of the
Catholics) - - 96
AguL^at the motion --...___(;
Miijority in favour - - - - - - 30
Major Bryan then moved, pursuant to notice : —
*4 That the Right Honourable the Earl of Donoughmore be requested
to present the Catholic petition, which had been some time since handed,
to him, forthwith, to the House of Lords."
Mr. Hussey suggested some preliminary communication with his lordship. Some diffi-
culty might arise as to the precisely proper course of preferring the application to the
House of Lords.
He did not, however, press his opposition,
Mr. O'Connell said that the motion had his hearty concur-
rence, and he rose merely to express the full confidence of the
Irish people, in the Earl of Donoughmore. In his family, the
Catholics had found their first and their best advocates — ti.ei*
eincerest friends. That noble earl would support their cause, as
the cauje of a great people ought to be supported. He would
rest it upon the basis of right and justice, and give to every class
of Dissenters the benefit of the principle for which the Catholics
contended — the principle of universal liberty of conscience.
Lord Donoughmore would enter into no compromises unbe-
coming so great a principle. He would not seek to buy over one
^nemy by bartering for his vote part of our liberties ; nor would
l.e seek to purchase another enemy by discounting with him part
of our religion. The Catholics could confide in the Earl of
Donoughmore ; in his talents, his integrity, his manliness, and
his devotion to his country, they must repose unlimited confi-
dence. It was in the expression of that confidence, and of their
{.irutitude. that they might fail; because .language was inadequate
to express the fulness of the Irish heart, towards that friend who
had never been even mistaken in his advocacy of their cause.
Jt was deeply to be regretted that our other friends did not
••niitate that noble lord. It vsas deeply to be deplored that they
DANIBL O'CONNELL, ESQ., M.^J 189
hud so widely mistaken the proper course. No man could be
nosurd enough to doubt for one moment the sincerity or tha
pure patriotism of Grattan. But it was the misfortune of Ire-
land that his eye, rolling in the fine frenzy of poetic eloquence,
was so filled with its own light as to be quite insufficient for the
minute details of practical drudgery. No man admires Mr.
Grattan more — few admire him so much as I do ; and I respect,
with bitter sorrow, the errors of his judgment — his heart was
never wrong.
I may (said Mr. O'Connell,) be calumniated for speaking the
truth to you ; but I owe it to my country to express — to express
with great respect for our friends — to express my entire disap-
probation of the manner in which they have lately conducted
our cause. They imagined, perhaps, that they showed impar-
tiality in their scorn ot our assistance; or, perhaps, they still
entertain — justly perhaps — the notion, that there is in Protest-
ant intellect a natural and moral superiority over that of Papists,
at least of Irish Papists, which cannot be surrendered!
But see what the facts are, Mr* Grattan, I understand, took
over with him to England a draft of a bill for our relief, drawn
in Dublin, last winter, by, I believe, Mr. Wallace, Mr. Burton,
and Mr. Burroughs. Not a single Catholic — lay or ecclesiastical
— merchant, lawyer, or priest was consulted upon it. Surely
we are not quite so dull as not to know what have served us ;
but no — not one Catholic was consulted. This bill arrived in
England, but there, I have heard, was altogether abandoned, and
a new bill got up by some worthy English gentleman, who would,
I presume, feel something like, an insult, if it were suggested to
him that we could assist him. Our delegates were in London
they were never consulted; they almost obtruded their advice ;
they were received with courtesy, but all confidence was withheld
from them. Well, this bill is at last produced, and it turns out
to be just what our enemies could have wished. It is narrow
and limited in principle, or rather, it asserts no principle. It is
slovenly and untechnical in its language. It is inoperative as
to any substantial relief. It is introduced, to be sure, with all
the pride, pomp, and circumstance of eloquence, more than hu-
man ; but the very person who introduced it was only the first
victim to it delusion.
There never lived a man less capable of practising any decep-
tion than Mr. Grattan ; but the very generosity and nobleness
of his mind exposes him to the delusions of others. In the
aaeantirne an attempt is made to stifle the sentiment of tho
J90 8EJLEUT SPEECHES OP
Board. We were to have been silence- i, lest we should dis-
turb the course of this further relief; and, in the interval, a se-
cret agency was known to be on foot in many quarters amongst
us. They thought of sharing the spoils before they could be
certain of the victory. Silence was the order of the day: and
Mr. Grattau was left in his error, because some amongst us con-
ceived they had an interest in carrying any bill. I have even
seen a letter from a Whig baronet in parliament, in which ho
suggested the Whiggish idea of forming a party in the Board in
favour of this bill. Part of that letter was published in the
newspapers ; but this patriotic idea was suppressed : at length,
however, our dissatisfaction began to appear ; spite of every re-
straint, it burst forth ; and to close the curious history of this
further relief bill, the Right Hon. Mr. Plunkett came over with
the assent and approbation of my Lord Viscount Castlereagh, to
reconcile all parties to this bill !
Strange mission! What! to reconcile the Catholics to a hill
for their relief! What! to entreat of the Catholics to be eman-
cipated? He came over to reconcile everybody — he reconciled
nobody ; and, in the meantime, this bill met the fate it deserved,
and all Ireland rejoiced in its extinction.
I do, therefore, solemnly protest against the course that has
been adopted upon this occasion. Grattan, the patriot — Grattan
needs but to be informed of your wishes to comply with them.
Surely Canning, though a powerful framer of jests, is not the
Catholic cause ; nor is Castlereagh, though a speeching man, the
representative of the Irish sentiment. Let us, of all things, get
rid of secret negotiation: our friends are deceived, constantly
deceived, by private information. Let us, also, take care to dis-
entangle our cause from the jobbing of the English Catholics;
they have just thought fit to signalize their English magnani-
mity, by sacrificing to their enemies the first of their bishops ;
and they have humanely attempted to bring the gray head of
that venerable prelate in sorrow and disgrace to his grave. They
remind one of a band of negro slaves, who, upon the promise of
a half holiday, celebrate their joy, by crushing with their chains
some unfortunate fellow-slave who presumed to think that black
was as good as white, and that colour waa no justification of
slavery !
Well, be it so. They have censured the agent of our bishops •
but, in recompense, they have thanked Lord Castlereagh ! Did
they never hear that the Irish people were scourged, and piek-
etted, and tortured 1 Did they never hear that the lash smacked,
DA.MEL 0 CORNELL, ESQ., M.r. 101
>na the shriek resounded, and the cry of agi ny was heard and
the yell of the tortured rent the air, and thai this full choru*
was music to the ear of Lord Castlereagh ! Yes, they did heai
it all ; and thereiore it was that these English thanked my Lord
Castlereagh, and censured their prelate.
This is a subject I will beg leave to bring again beforo the
Board. We owe it to Ireland to preclude the possiblity of any
interference of any English Catholic with our cause. We owe
it mainly to one of them that we are still unemancipated. Let
me be pardoned for thus trespassing on your time. I need not
in conclusion, say, that the motion of my respected friend has
my entire approbation.
The resolution was then put from the chair, and carried unanimously
Major Bryan, wishing that the resolution should be conveyed to Earl Dononghmore in
the most respectful manner possible, moved —
" That the chairman, Sir Thomas Esmonde, be requested to trans-
mit the same."
This being seconded was carried unanimously.
Mr. O'Connell gave notice of a motion of thanks to the General Assembly of tl.e Ch urch
of Scotland, for its recognition, at its late meeting, of the freedom of conscience.
Mr. O'Connell gave notice of a motion of thanks to the Eight Rev. Dr. Milner, and the
meeting adjourned.
RIGHT REV. DR. MILNER.
CPOX the 15th June, 1813, an aggregate meeting was held in Fishamble-street theatre
The Dublin Evening Post, in its report of the proceedings, says that, when Mr. O'Connell,
in the course of reading the resolutions, adverted to the revered name of the persecuted
Dr. Milner, he was interrupted by the loudest acclamations we have ever heard. All
voices were raised to greet this favoured name. Clapping of hands, beating of feet, Ac.,
w ere continued and resumed during several minutes, and at three successive intervals.
When, afterwards, he came to move the distinct resolution, the twelfth in order, viz. : —
" Resolved — That the warm approbation and gratitude of the Catho-
lics of Ireland be conveyed to the Right Rev. Dr. Milner, for his manly,
upright, and conscientious opposition, in conformity with the Most Rev.
and Right Rev. the Catholic Prelates of Ireland, to the ecclesiastical
regulations contained in the bill lately submitted to parliament, and
purporting to be a bill for the further relief of his Majesty's Roman
Catholic subjects,"
the same thunder of applause was repeated, but with peals of, if possible, augmented f»rc«
and renovated energy.
The whole assembly rose, as if with one impulse. All hats were taken off, and each sppc.
tutor waved his hat with the loudest demonstration* of pleasure. The ladies came for-
•v«»id, and by courtesies signified tludr participation in m- ^neral feeling.
192 SELECT SPEECHES OF
In short, an electric sensntion was apparently excited, springing from the. reverent is1,
•entiment of merited respect for the Irish prelates, and for their insulted brother, 1 he
Eight Rev. Dr. Milner.
The enthusiasm subsided very slowly, aud had not wholly disappeared when the asaem
My broke up. .' »
When Mr. O'Comiell was allowed to proceed, after the smfclhg demonstration of feeling
Qua described by the Evening Post — a description strictly according to the fact — he re.*'
the remaining resolutions, viz. : —
'* ResolvecU-That we feel it necessary to repeat our earnest exhor-
tation to all Catholic freeholders throughout Ireland, to register their
freeholds, and steadily to resist the pretensions of any candidates for
Jheir votes, who shall have lent, or are likely to lend, their support to
any administration founded iu intolerance, and hostile to the full enjoy-
ment of religious freedom :
" Resolved — That the expenses unavoidably attendant upon the con-
duct of Catholic petitions, and the defence of the invaded rights of
petitioning, call for the liberal aid 'of our fellow-countrymen ; and we
confide in the public spirit and zeal of the Catholic Sody throughout
Ireland, for ample pecuniary support •"
And moved that the entire should be adopted.
Having t ius discharged (said he, in continuation,) the duty
imposed on me by the Board, and having come here detennined
to address this meeting, I avail myself of this opportunity to
solicit your patience and attention. Let me, in the first place,
congratulate you on the progress which the principle of religious
liberty has made since you last met. It has been greatly ad'
vanced by a magnificent discovery lately made by the English
in ethics and upon which I also beg leave to congratulate you.
It is this — several sagacious Englishmen have discovered, in the
nineteenth century, and more than four hundred years after the
propagation of science was facilitated by the art of printing —
several sagacious Englishmen have made this wonderful discovery
in moral philosophy,- that a man is not necessarily a worse citizen
for having a conscience, and that a conscientious adherence to a
Christian religion is not an offence deserving of degradation or
punishment. (Hear.)
The operation, however, of this discovery had its opponents ;
like gravitation and the cow-pock, it has been opposed, and, for
the present opposed with success ; but the principle has not been
resisted. Yes, our enemies themselves have been forced to con-
cede our right to emancipation. Duigenan, and Nicholl, ami
Scott are laughed at — not listened to ; the principle is admitted
— the right of liberty of conscience is not controverted — your
emancipation is p^tam — it is now only a question of terms — it
P.IXTKL O'CONNELL, ESQ., M.l\ • 193
jiily remains to be seen whether we shall be emancipated upon
their terms or upon ours.
They offer you emancipation, as Catholics, if you will kindly
consent, in return, to become schismatics. They offer you liberty,
as men, if you agree to become slaves after a new fashion — that
As, your friends and your enemies have declared that you are
entitled to Catholic emancipation and freedom, upon the trifling
terms of schism and servitude !
Generous enemies !— bountiful friends! Yes, in their bounty
they resemble the debtor who should address his creditor thus :
— " It is true, I owe you £100 ; I am perfectly well able to pay
you ; but what will you give me if I hand you 6s. 8t/. in the
pound of your just debt, as a final adjustment ?" (Hear, hear.)
" Let us allay all jealousies," continues the debtor — " let us put
an end to all animosities — I will give you one- third of what f
owe you, if you will give me forty shillings in the pound of addi-
tional value, and a receipt in full, duly stamped, into the bar-
gain." ( Laughter.)
But why do I treat this serious and melancholy subject with
levity] AVhy do I jest, when my heart is sore and sad? Be-
cause I have not patience at this modern cant of securities, and
vetoes, and arrangements, and clauses, and commissions. Secu-
rities against what ? Not against the irritation and dislike
which may and naturally ought to result from prolonged oppres-
sion and insult. Securities — not against the consequences of
dissensions, distrusts, and animosities. Securities — not against
foreign adversaries. The securities that are required from us
are against the effects of conciliation and kindness — against the
dangers to be apprehended from domestic union, peace, and cor-
diality. If they do not emancipate us — if they leave us aliens
and outlaws in our native land — if they continue our degrada-
tion, and all those grievances that, at present, set our passions at
war with our duty ; then, they have no pretext for asking, nor
do they require any securities ; but, should they raise us to the
rank of Irishmen — should they give us an immediate arid per-
sonal interest in our native land — should they share with us the
blessings of the constitution — should they add to our duty the
full tide of our interests and affection ; then — then, say they,
securities will be necessary. Securities and guards must bo
adopted. State bridles must be invented, and shackles and
manacles must be forged, lest, in the intoxication of new liberty,
\ro should destroy, only because we have a greater interest to
preserve.
19 i . SELECT SPEECHES 0V
And do they — do these security-men deserre to be reasoned
with 1 I readily admit — I readily proclaim Grattan's purity —
his integrity — his patriotism; but, in his eagerness to obtain for
us that liberty, for which he has so long and so zealously con-
tended, he has overlooked the absurdity which those men fall
into, who demand securities against the consequences of eman-
cipation, whilst they look for no securities against the effects o.
injustice and contumely.
Grattan has also overlooked the insult to our understandings
and to our moral feelings which this demand for securities in-
flicts. Grattan is mistaken upon this topic ; but he is the only
man who is merely mistaken. The cry for securities has been
raised, merely to retard the progress of emancipation. Canning
affects to be our friend, because, since his conduct to his col-
league, Viscount Castlereagh, he has found it difficult to obtain
a niche in any administration. God preserve us from the friend-
ship of Mr. Canning ! I have no apprehension of Mr. Can-
ning's enmity : he was our avowed enemy ; that is, he always
voted against us, from the moment he got pension or place under
Pitt, to the time when he was dismissed from office, and rendered
hopeless of regaining it. And, as to Lord Castlereagh, rely on
it, that, though he may consent to change one kind of degrada-
tion for another, he never will consent to your attaining your
freedom : and was it to obtain the vote of Lord Castlereagh that
Grattan gave up our honour and our religion ? Does Grattan
forget — does he forgive the artificer of the Union, or the means
by which it was achieved 1 Does not Grattan know that Lord
Castlereagh first dyed his country in blood, and then sold her.
But, I repeat it, I have not patience, common patience with
those men who cry out for securities, and will not see that they
would obtain real security from the generous concession of plain
right — from conciliation and kindness ; all reasoning, all expe-
rience proves that justice to the Catholics ought to be, and has
been, in the moments of distress and peril, the first and best
security to the state. I will not stoop to argue the theory with
any man. I will not condescend to enter into an abstract roa*
soning to prove that safety to a government ought to result from
justice and kindness to the people, but I will point out the evi-
dence of facts which demonstrate, that concession to the Irish
Catholics has in itself been resorted to, and produced security
to our government — that they have considered and found it to
be a security in itself — a safeguard against the greatest evils and
calamities, and not a cause of danger or apprehension.
DANIEL O'CONNELL, ESQ., M.P 19-3
Ireland, in the connection with England, has but too constantly
shared the fate of the prodigal's dog — I mean no personal allu-
sion— (a laugh) — she has-been kicked in the insolence of pro-
sperity, and she has borne all the famine and distress of adver-
sity. Ireland has done more — she has afforded an abundant
source of safety and security to England in the midst of ever}
adversity ; and at the hour of her calamity. England has had
only to turn to Ireland with the offer of friendship and cor-
diality, and she has been rewarded by our cordial and unremit-
ting succour.
Trace the history of the penal laws in their leading features,
and you will see the truth of my assertion. The capitulation of
Limerick was signed on the 3rd October, 1691. Our ancestors,
by that treaty, stipulated for, and were promised the perfect
freedom of their religion, and that no other oath should be. im-
posed on Catholics, save the oath of allegiance. The Irish per-
formed the entire of that treaty on their part : it remains un-
performed, as it certainly is of force, in point of justice, to this
hour, on the part of the English. Even in the reign of Wil-
liam, it was violated by that prince, whose generals and judges
signed that treaty — by that prince who himself confirmed and
enrolled it.
But he was the same prince that signed the order for the hor-
rible, cold-blooded assassination and massacre of the unfortunate
Macdonalds of Glencoe ; and if his violation of the Limerick
treaty was confined to some of the articles, it was only because
the alteration in the succession, and the extreme pressure of fo-
reign affairs, did not render it prudent nor convenient to offer
further injury and injustice to the Irish Catholics.
But the case was altered in the next reign. The power and
the glory, which England acquired by her achievements, under
Alarlborough — the internal strength, arising from the possession
of liberty, enabled her to treat Ireland at her caprice, and she
accordingly poured the full vial of her hatred upon the unfortu-
nate Catholics of Ireland. England was strong and proud, and,
therefore, unjust. The treaty of Limerick was trampled under
foot — justice, and humanity, and conscience were trodden to the
earth, and a code of laws inflicted on the Irish Catholics, which
Montesquieu has well said, ought to have been written in blood,
and of which you still feel the emaciating cruelty — a code ol
laws which still leaves you aliens in the land of your ancestors.
Aliens ! — did I say ? Alas ! you have not the privileges of alien-
age ; for the alien can insist upon having six of his jury of hia
SELECT SPEECHES OF
own nation, trbilst you may have twelve Orangemen on vour*
(Hear, hear.)
But to return to our own history. The reigns of the First
and of the Second George passed away; England continued
strong ; she persevered in oppression and injustice ; she wa%
powerful and respected ; she, therefore, disregarded the suffer-
ings of the Irish, and increased their chains. The Catholics once
had the presumption to draw up a petition; it was presented to
Primate Boulter, then governing Ireland. He not only rejected
ir^ with scorn and without a reply, but treated the insolence
of daring to complain as a crime arid punished it as an offence,
by recommending and procuring still more severe laws against
the Papists, and the more active execution of the former sta<
•jutes.
But a new era advanced ; the war which George the Second
waged on account of Hanover and America, exhausted the re-
sources, and lessened, while it displayed, the strength of England.
In the meantime the Duke of Bedford was Lord Lieutenant o.
Ireland. The ascendancy mob of Dublin, headed by a Lucas, in-
sulted the Lord Lieutenant with impunity, and threatened tho
parliament. All was riot and confusion within, whilst France
had prepared an army and a fleet for the invasion of Ireland.
Serious danger menaced England. The very connection between
the countries was in danger. The Catholics were, for the first
time, thought of with favour. They were encouraged to address
the Lord Lieutenant, and, for the first time, their address received
the courtesy of a reply. By this slight civility (the more wel-
come for its novelty) the warm hearts and ready hands of the
Irish Catholics were purchased. The foreign foe was deterred •
from attempting to invade a country where he could no longer
nave found a friend ; the domestic insurgents were awed into
silence ; the Catholics and the government, simply by their com-
bination, saved the state from its perils ; and thus did the Ca-
tholics, in a period of danger, and upon the very first application
and in return for no more than kind words, give, what we waul
to give, security to the empire.
From the year 1759, to the American war, England enjoyed
strength and peace ; the Catholics were forgotten, or recollected
only for the purposes of oppression. England, in her strength
and her insolence, oppressed America; she persevered in juS
obstinate and absurd course of vexation, until America revolted,
flew to arms, conquered, and established her independence ami
Jber liberty.
:' ' * DANIEL O'CONNELL, ESQ. r M. P. 1 97
This brings us to the second stage of modern Catholic history ;
for England, having been worsted in more than one battle in
America, and having gained victories more fatal Mian many de-
feats, America, aided by France, having proclaimed indepen-
dence, the English period for liberality and justice arrived, for
she was in distress and difficulty. Distracted at home — baffled
and despised abroad, she was compelled to look to Irish resources,
and to seek for security in Ireland; accordingly, in the yeai
1778, our Emancipation commenced; the Catholics were hired
into the active service of the state by an easy gratuity of a small
share of their rights as human beings, and they in return gave,
what we now desire to give, security to the empire.
The pressure of foreign evils, however, returned ; Spain and
Holland joined with France and America ; success in her contest
with the Colonies became daily more hopeless. The combined
fleets swept the ocean; the English channel saw their superiority ;
the English fleet abandoned for a while the dominion of the sea ;
the national debt terrified and impoverished the country ; dis-
tress and difficulty pressed on every side, and, accordingly, we
arrived at the second stage of Catholic Emancipation ; for, in
1782, at such a period as I have described, a second statute was
passed, enlarging the privileges of the Catholics, and producing,
in their gratitude and zeal, that security which we now tender to
the sinking vessel of the state.
From 1782 to 1792, was a period of tranquillity; the expenses
of the government were diminished, and her commerce- greatly
increased. The loss of America, instead of being an evil, became,
an advantage to trade as well as to liberty. England again flou-
rished, and again forgot us.
In 1792, the Catholics urged their claims, as they had more
than once done before. But the era was inauspicious to thern
for England was in prosperity. On the Continent, the confede
ration of German princes, and the assemblage of the French,
princes, with their royalist followers, the treaty of Pilnitz, and
the army of the King of Prussia, gave hope of crushing and ex-
tinguishing France and her liberties for ever. At that moment
the Catholic petition was brought before parliament ; it was not
pven suffered, according to the course of ordinary courtesy, to
lie on the table ; it was rejected with indignation and with con-
tempt. The head of the La Touche family, which has since prc
.luced so many first-rate Irishmen, then retained that Huguenov.
hatred for Catholics which h still cherished by Saurin, the At-
r»rney-General for Ireland. La Touche proposed that the peti-
\98 SELECT SPEECHES Of
tion should be rejected, and it was rejected by a majority of 20G
to only 13.
Fortune, however, changed. The invasion of the Prussians
was unsuccessful ; the French people worshipping the name, as :.v
it were the reality of liberty, chased the Duke of Brunswick from
their soil ; the King of Prussia, in the Luttrel style, sold the
pass ; the German princes were confounded, and the French
princes scattered ; Dumourier gained the battle of Jamappe, and
conquered the Austrian Netherlands ; the old governments of
Europe were struck with consternation and dismay, and we ar-
rived at the fourth, and hitherto the last stage of emancipa-
tion; for, after those events, in 1793, was passed that act which
zave us many valuable political rights — many important privi-
leges.
The parliament — the same men, who in 1792, would not suffer
our petition to lie on the table — the men, who, in 1792, treated
us with contempt, in the short space of a few months, grantee?
us the elective franchise. In 1792, we were despised aud re-
jected ; in 1793, we were flattered and favoured. The reason
was obvious ; in tbo year 1792, England was safe ; in 1793 she
wanted security, and security she found in the emancipation of
the Catholics, partial though it was and limited. The spirit of
republican phrensy was abroad ; the enthusiasm for liberty, even
to madness, pervaded the public mind. The Presbyterians and
Dissenters of the North of Ireland were strongly infected with
diat mania ; and had not England wisely and prudently bought
all the Catholic nobility and gentry, and the far greater part of
the Catholic people out of the market of republicanism, that
which fortunately was but a rebellion, would, most assuredly,
have been revolution. The Presbyterians and Catholics would
have united, and, after wading through the bloody delirium of a
sanguinary revolution, we should now, in all likelihood, have
some military adventurer seated on the throne of bur legitimate
sovereign.
But, I repeat it, England judged better ; she was just ant
kind, and therefore she has been preserved. She sought for se
s-urity where alone it could be found, and she obtained it.
Thus, in 1759, England wanted security against the turbiv
lence of her ascendancy faction in Ireland, and against the fleet
and arms of France ; she was civil and courteous to the Catho-
lics, and the requisite security was the result.
Thus in 1778, England wanted security against the effects of
her own misconduct and misfortunes in America; she granted
DANIEL O'CONNELL, ESQ., M.P. 192
some rights of property to the Irish Catholics, -and the wanted
security followed.
Thus, in 1782, England wanted security against the prodiga-
lity and profligacy of her administration — against the combined
navies of France, Spain, and Holland ; she conceded some fur-
ther advantages to the Catholics, and she became safe and secure.
Thus, in 1795, England wanted security against the probable
consequences of the disasters and treachery of the Prussians —
the defeat of the Austrians, and especially against the revolu-
tionary epidemic distemper which threatened the vitals of the
constitution ; she conferred on the Catholics some portion of po-
litical freedom, and the Catholics have recompensed her, by af-
fording her subsequent security.
And thus has Emancipation been in all its stages the effect of
the wants of England, but a>. the same time, her resource in those
wants. In her weakness and decay, Emancipation has given her
• health and strength ; it •*& always hitherto a remedy, and not
in itself, a disease ; it v?»?~ in short, her best protection and se-
curity. Away, then, wiih those idle, those absurd demands for
control, and dominion over our mode of faith.
Let Grattan learn the sentiments of the Irish people ; let him
Know that we are ready to give the security of our properties
and our lives to the state; but, we will not, we cannot, grant
away any part of our religion. Before the Union, rib vetoes, no
arrangements, no inquisitions over our prelates were required.
If our Protestant fellow-countrymen did not ask them, why
should the English suppose we can grant them to their stupid
caprice? But we are ready to give them security; we are ready
to secure* them from foreign foes, and against the possibility of
domestic dissension.
Yes, the hour of your Emancipation is at hand ; you will, you
jnust be Emancipated; not by the operation of any force or
violence, which are unnecessary, and would be illegal on your
part, but by the repetition of your constitutional demands by
petition, and still more by the pressure of circumstances, and
the great progress of events. Yes, your Emancipation is certain,
because England wants the assistance of all her people. The
dream of delivering the Continent from the dominion of Bona-
parte has vanished. The idle romance of German liberty — who
ever heard of German liberty ! is now a cheerless vision. The
Allied Russian and Prussian armies may, perhaps, escape, but
they have little prospect of victory. The Americans have
avenged our outrages oil their seamen, by quenching the meteor
?00
&KLECT SPEECHES o
jlaze of the British naval flag. The war with the world — Eng-
irtnd, alone, against the world, is in progress. We shall owe f»>
her good sense, what ought to be conceded by her generosity ;
she cannot proceed without our aid ; she knows she can com-
mand that aid if she will but be just ; she can, for liberty, to
which we Are of right entitled, command the affections and the
energies of the bravest and the finest people in the world !
Recollect, too, that the financial distress of England accumu-
lates. She owes, including the Irish debt, near a million of mil-
lions. Who is there so extravagant as to suppose, but that
there must arrive a period at which it will become impossible
to borrow money, or to pay more interest? Our Irish debt has
already exceeded, by nearly two-thirds, our means? We spend
sixteen millions annually, and we collect, in revenue, about five
millions. Our bank puts a paltry impression on three penny-
worth of silver, and calls it tenpence. In short, with taxes in-
creasing, debts accumulating, revenue diminishing, trade expir-
ing, pa;« T currency depreciating — who is so very blind as not
to perceive, that England does, and must require, the consolida-
tion of all her people in one common cause, and in one common
interest?
The plain path to safety — to security— lies before her. Let
Irishmen be restored to their inherent rights, and she may laugh
to scorn the shock of every tempest; the arrangements which
the abolition -of the national debt may require will then be effec-
tuated, without convulsion or disturbance; and no foreign fof
will dare to pollute the land of freemen and of brothers. (Hear.)
They have, however, struck out another resource in England ;
they have resolved, it is said, to resort to the protection of
Or'ange Lodges. That system which has been declared by judges
from the bench to be illegal and criminal, and found by the ex-
perience of the people to be bigoted and bloody — the Orange
System, which has marked its progress in blood, in murder, and
in massacre — the Orange system, which has desolated Ireland,
And would have converted her into a solitude, but for the inter-
posing hand of Corn wallis — the Orange system with all its san-
guinary horrors, is, they say, to be adopted in England !
^ Its prominent patrons, we are told, is Lord Kenyon or Lord
Yarmouth; the first an insane religionist of the Welsh Jumpei
sect, who, bounding in the air, imagines he can lay hold of a
limb of the Deity, like Macbeth, snatching at the air-drawn
dagger of his fancy,! He would be simply ridiculous, but for
the mischievous malignity of his holy piety, which desires to uoiv
DANIEL O'CONXELL, ESQ., M.P. 201
vert Papists from their errors, through the instrumentality of
daggers of steel. Lord Kenyon may enjoy his ample sinecares
as he pleases, but his folly should not goad tc madness the peo-
ple of Ireland.
As to Lord Yarmouth, I need not, indeed I could not, describe
him ; and if I could, I would not disgust myself with the de- •••
scription ; but if Lord Kenyon or Lord Yarmouth have organ-
ized the Orange system, I boldly proclaim that he must have
been bribed by the common enemy. Bigotry is not a gratuitous
propensity. Giffard gets money for his calumnies and imp adence ;
so does Duigenan. The English Orange patrons must be bribed
by France ; let them appeal to their private lives to i-epel my
accusation. Can that man repel it, whose life is devoted to the
accumulation of wealth to be added to wealth, already eytosslve
and enormous? — who never was suspected of principle or hon-
our ?__ whose finest feelings were always at market for money 1
who was ready to wed disgrace with a rich dowry, and \voald
have espoused infamy with a large portion ? If such a T -retch
lives, let him become the leader of the Orange banditti. The
, patron is worthy of the institution— the institution is sufte'l tc
the patron! , ., .
You know full well that I do not exaggerate the horrors waici
the Orange system has produced, and must produce, if revived
from authority, in this country. I have, in some of tne hireling
prints of London, read, under the guise of opposing the adoption of
the Orange system, the most unfounded praises of the conduct of
the Irish Orangemen. They were called loyal, and worthy, aild
constitutional. Let me hold them up in their true light,
first authentic fact in their-history occurs in 1795. It is to be
found in the address of Lord Gosford, to a meeting of the nragis-
trates of the county of Armagh, convened by his lordship, as
governor of that county, on the 28th of December, 1795. Allow
me to read the following passage from that address : —
" Gentlemen— Having requested your attendance here this day, it
becomes my duty to state the grounds upon which I thought it advisable
to propose this meeting ; and at the same time to submit to yoi. r consi-
deration a pi m which occurs to me as most likely to check the enormi-
ties that have already brought disgrace upon this country, and may Boou
reduce it into deep distress.
" It is no secret that a persecution, accompanied with all thb circum-
stances of ferocious cruelty, which have in ail ages distinguish f;l that
dreadful calamity, is now raging in this country. Neither age uor sex,
nor even acknowledged innocence, as to any guilt in the latejHstur-
"s. is sufficient to excite mercy, much less to afford 'protection
o .
202 SELECT SPEECHES 3*
" The only crime which the wretched objects of this ruthless perse-
cution arc charged with, is a crime, indeed, of easy proof; it is simply
a profession of the Roman Catholic faith, or an intimate connection
with a person professing this faith. A lawless banditti have constituted
themselves judges of this new species of delinquency, and the sentence
they have denounced is equally concise and terrible. It is nothing less
than a confiscation of all property, and an immediate banishment. It
would be extremely painful, and surely unnecessary, to detail the hor-
rors that are attendant on the execution of so rude and tremendous a
proscription — one that certainly exceeds in the comparative number of
those it consigns to ruin and misery, every example that ancient and
modern history can supply ; for where have we heard, or in what story
of human cruelties have we read, of half the inhabitants of a populous
country deprived, at one blow, of the means as well as the fruits of
their industry, and driven, in the midst of an inclement season, to seek
a shelter for themselves, and their helpless families, where chance may-
guide them °
" This is no exaggerated picture of the horrid scenes that are now
acting in this country "
Here is the first fact in the history of the Orangemen. They
commenced their course by a persecution with every circum-
stance of ferocious cruelty. This lawless banditti, as Lord Gos-
ford called them, showed no mercy to age, nor sex, nor acknow-
ledged innocence. And this is not the testimony of a man favour-
able to tho rights of those persecuted Catholics ; he avows his
intolerance in the very address of which I have read you a part ;
and thov.gh shocked at these Orange enormities, he still exults
in his hostility to emancipation.
After this damning fact from the early history of the Orange-
men, who can think with patience on the revival of extension of
this murderous association ? It is not, it ought not, it cannot
be endured, that such an association should be restored to its
power of mischief by abandoned and unprincipled courtiei-s.
But I Have got in my possession a document which demonstrates
the vulgar and lowly origin, as well as the traitorous and profli-
gate purpose of this Orange society. It has been repeatedly
sworn to in judicial proceedings, that the original oath of an
Orangeman was an oath to exterminate the Catholics. In some
years after the society was formed, men of a higher class of
society became members of it, and, being too well educated to
endure the plain declaration to exterminate, they changed the
form of the oath to its present shape, but carefully retained all
the persecuting spirit of the Armagh exterminators. The docu-
ment I allude to, was printed for the use of the Orange lodges ;
it was never intended for any eye but that of the initiated, and
DANIEL O'CONNELL. ESQ., M.P. 203
I owe it to something better than chance that I got a copy o
it ; it was printed by William M'Kenzie, printer to the Grand
Orange Lodge, in 1810, and is entitled, "Rides and Regulations
for the use of all Orange Societies, revised and corrected by a
Committee of the Grand Orange Lodge of Ireland, and adopted
by the Grand Orange Lodge, January 10th, 1810." I can de-
monstrate from this document that the Orange is a vulgar, a
profligate, and a treasonable association. To prove it treason
able, I read the following, which is given as the first of theii
secret articles : — " That we will bear true allegiance to his
Majesty, his heirs and successors, so long as he or they support
the Protestant ascendancy. (Hear, hear.)
The meaning is obvious, the Orangeman will be loyal just sc
long as he pleases. The traitor puts a limit to his allegiance,
suited to what he shall fancy to be meant by the words " Pro-
testant ascendancy." If the legislature presumes to alter the
law for the Irish Catholics as it did for the Hanoverian Catholics,
then is the Orangeman clearly discharged from his allegiance,
hiid allowed, at the first convenient opportunity, to raise a civil
war; and this is what is called a loyal association. (Hear, hear.)
Oh ! how different from the unconditional, the ample, the con-
scientious oath of allegiance of the Irish Catholic. I pass over
the second secret article, as it contains nothing worthy of ob-
servation ; but from the third I shall at once demonstrate what
pitiful and vulgar dogs the original Orangemen were. Mark the
third secret article, I 'pray you — " That we will not see a brother
offended for sixpence or one shilling, (a laugh,) or more if con-
venient, (a laugh,) which must be returned next meeting if pos-
sible." (Much laughter.) Such is the third of the secret Orange
articles. I presume even Lord Yarmouth will go with them
the full length of their liberality of sixpence or one shilling, but
further his convenience may prevent him.
The fourth secret article is quite characteristic — "That we
must not give the first assault to any person whatsoever, THAT
may briny a brotJier into trouble.'" (Laughter.) You perceive
the limitation. They are entitled to give the first assault in all
cases, but that in which it may not be quite prudent j they are
restricted from commencing their career of aggression, unless
they are, I presume, ten to one — unless they are armed and the
Catholics disarmed — unless their superiority in numbers and
preparation is marked and manifest. See the natural alliance
of cowardice with cruelty. They are ready to assault you, when
110 brother of theirs can be injured ; but if there be da'nger a
204 SELECT SPEECHES OP
injury to one of their brotherhood, they are bound to restrain,
for that time, their hatred of the Catholics, and to allow them
to pass unattacked. This fourth article proves, better than ,"\
volume, the aggressive spirit of the institution, and accounts for
many a riot, and many a recent murder. (Hear, hear.) The fifth
secret article exhibits the rule of Orangemen, with respect to
robbery. " 5th. We are not to carry away money, goods, or
anything, from any person whatever, except arms and ammuni-
tion, and those only froi i an enemy." The rule allows them to
commit felony to this extent — namely, the arms and ammunition
of any Catholic, or enemy ; and I have heard of a Catholic who
was disarmed of some excellent silver spoons, and a silver cup,
by a detachment of this banditti. Yes, Lord Gosford was right,
when he called them a lawless banditti ; for here is such a regu-
lation as could be framed only for those whose object was plun-
der— whose means were murder. The sixth and seventh secret
articles relate to the attendance and enrolling of members ; but
the eighth is of great importance — it is this • — " 8th secret article
— An Orangeman is to keep a brother's secrets as his own, unless
iii case of murder, treason, and perjury, and that of his own free
will." See what an abundant crop of crimes the Orangeman is
bound to conceal for his brother Orangeman. Killing a Papist
may, in his eyes, be no murder, and he might be bound to con-
ceal that ; but he is certainly bound to conceal all cases of riot,
maiming, wounding, stabbing, theft, robbing, rape, house-break-
ing, house-burning, and every other human villany, save mur-
der, treason, and perjury. These are the good, the faithful, the
loyal subjects. They may, without provocation or excuse, attack
and assault — give the first assault, mind, when they are certain
no brother can be brought to trouble. They may feloniously
and burglariously break into dwellings, and steal, take, and carry
away whatever they will please to call arms and ammunition.
And, if the loyalty of a brother tempts him to go a little further,
and to plunder any other articles, or to burn the house, or to
violate female honour, his brother spectators of his crime are
bound by their oaths to screen it for ever from detection and
justice. (Hear, hear.) I know some men of better minds have
been, in their horror of revolutionary fury, seduced into these
lodges, or have unthinkingly become members of them ; but the
spirit, .the object, and the consequences of this murderous and
plundering association, are not the less manifest.
I do not calumniate them; for I prove the history of their
foimdatron and origin by 1 he unimpeachable testimony of Vis
BAX1EL 0 CON NELL, ESQ., M P. -05
tount Gosford, and I prove their principles by their own secret
articles, the genuineness of which no Orangeman can or will
deny. If it were denied, I have the means of proving it beyo nd
a doubt. And when such principles are avowed, when so much
is acknowledged and printed, oh, it requires but little knowledge
of human nature to ascertain the enormities which must appear
in the practice of those who have confessed so much of the cri-
minal nature of their principles. There is, however, one conso-
lation. It is to be found in their ninth secret article — " No
Roman Catholic can be admitted on any account." I thank
them for it, I rejoice at it ; no Roman Catholic deserves to be
admitted ; no Roman Catholic would desire to belong co a society
permitting aggression and violence, when safe and prudent, per-
mitting robbery to a certain extent, and authorising treason
upon a given contingency. (Hear, hear.) And now let me ask,
what safety, what security can the minions of the court promise
to themselves from the encouragement of this association ? They
do want security, and from the Catholics they can readily have
it ; and you, my friends, may want security, not from the open
attacks of the Orangemen — for against those the law and your own
courage will protect you ; but of their secret machinations you
ought to be warned. They will endeavour, nay, I am most cre-
dibly assured, that at this moment their secret emissaries ai*c
endeavouring to seduce you into acts of sedition and treasou,
that they may betray and destroy you. Recollect what hap-
pened little more than twelve months ago, when the Board de-
tected and exposed a similar delusion in Dublin. Recollect the
unpunished conspiracy which was discovered at Limerick ; un-
punished and unprosecuted was the author. Recollect the
Mayor's Constable of Kilkenny, and he is still in office, though
he administered an oath of secrecy, and gave money to his spy
to treat the country people to liquor and seduce them to treason.
I do most earnestly conjure you to be on your guard, no matter
in what shape any man may approach, who suggests disloyalty
to vou — no matter of what religion he may affect to be — T\O mat-
ter" what compassion he may express for your sufferings, what
promises he may make ; believe me, that any man who may at-
tempt to seduce you into any secret association or combination
whatsoever, that suggests to you any violation of the Liw ^ /hat-
soever, that dares to utter in your presence the language of sedi-
tion or of treason, depend upon it — take my word for it. and. I
im your sincere friend — that every such man is the hired emis-
sary and the spy of your Orange enemies — that his real object m
206 SELECT SPEECHES OF
to betray you, to murder you under the forms of a judicial trial,
and to ruin your country for your guilt. If, on the contrary,
you continue at this trying moment peaceful, obedient and loyal ;
if you avoid every secret association, and every incitement to
turbulence ; if you persevere in your obedience to the laws, and
iu fidelity to the Crown and Constitution, your Emancipation is
certain, and not distant, and your country will be restored to
you ; your natural friends and protectors will seek the redress
of your grievances in and from parliament, and Ireland will be
again free and happy. If you suffer yourself to be seduced by
these Orange betrayers, the members of the Board will not be
bound to resist your crimes with their lives ; you will bring dis-
^^race and ruin on our cause ; you will destroy yourself and your
families, and perpetuate the degradation and disgrace of your
native land. But my fears are vain. I know your good sense ;
I rely on your fidelity; you will continue to baffle your enemies ;
you will continue faithful and peaceable ; and thus shall you
preserve yourselves, promote your cause, and give security to the
empire.
This speech was received throughout, and greeted at its conclusion, with warm and gene-
ral applause.
Mr. O'Connell again rose snortly after, and said that there was a matter of very pressing
importance, respecting which he had to move a resolution. His motion would have refer
once to the important business of the subscriptions. He said—
That it had now become extremely necessary to call upon the
people for procuring aid to counteract the effects of Orange per-
secution, and to meet the indispensable expenses attendant on
the prosecution of the Petitions.
A resolution like the present had been passed on a former o&
casion ; but means had not been taken to render it extensively
useful. The Board found themselves, in the month of October
last, indebted in a sum of £3,000. He was at that time called
to the management of its financial concerns, and was happy to
say, that the debt he mentioned had been paid off, and a surplus
remained at the present in bank.
It was the object of the Board to create a fund, by carrying
into effect which should be sufficient to provide for the attain-
ment of justice for the Catholic, and which should be equal to
the legal protection of every Catholic peasant in the land from
Orange atrocities. That such a provision had been necessary,
recent events, (particularly those in the county of Monughar)
clearly prove ; and that neither legal protection nor even justice
itself could be obtained free of expense was a fact well known.
DANIEL O'CONNELL, ESQ., M.P. 207
He thought it but justice, however, to gentlemen of that profes
sion to which he had the honour to belong, to say, that Catholic
advocates were no expense to the body. (Loud applause.)
That money was wanted would not be denied ; and he knew
the Board had only to call upon the people and be supplied.
The Catholics of Ireland were always found willing to grant
more than was required of them; and would be particularly
willing when they knew it was to protect their honest bre-
thren in remote parts of the country from the persecutions of
Orangeism.
He would recommend a general subscription throughout every
parish in Ireland ; but he would wish every man to subscribe
only what he would not miss : and in this way, without bearing
heavy on any individual, would a fund be collected, sufficient to
obtain the objects desired upon any occasion which might hap-
pen unexpectedly to call for pecuniary sacrifices.
As he had other subjects of more exciting interest, thoogii
not surpassing that he was now alluding to in practical impor-
tance, he would not detain bis auditory longer upou ^t at pre*
sent, but content himself with moving —
" Resolved — * That the expenses unavoidably attendant upon the oou-
'hict of Catholic petitions, and the defence of the invaded rights of p<>
titioning, can for the liberal aid of our fellow-countrymen.
" And that we confide in the public spirit and zeal of the Catholic
body throughout Ireland f : ': ample pecuniary support."
This resolution was carried with the greatest unanimity
DOCTOR MILNER.
Ifr. O'Connell rose to propose the resolution of which he had given notice, respecting Dr
Miiucr
He said there certainly had been some difference of opinion
with regard to it at the meeting of the Board ; but that, from
what he ha^ had the pleasure of observing of the feelings which
pervaded t ^e present highly-respectable and imposing meeting,
he did not , and he could not, for one moment entertain the idea
that any such difFerenoo would be found to exist here. There
had been in the Board no division on its merits— it was a mere
division apon form.
208 SELECT SPEECHES OP
That venerable prelate had been expelled by the paltry club
calling itself " the Catholic Board of England r And the club
had perpetrated this upon the very same day upon which they
thanked the master of the Flogging and Torturing Club in Dublin
— my Lord Castlereagh !
This, indeed, was not an inconsistency which surprised him.
Lord Castlereagh's treacheries and cruelties towards the Irish
people would never make him less beloved by the English, and
that the accident of an Englishman's being a Catholic would
have any the slightest effect in inducing him to care more for
Ireland, was a proposition which every day's experience demon-
strated to be utterly false and absurd.
Indeed, what better illustration could, by possibility, be given
of this, than was supplied by the fact, that this venerable agent
of the Catholic hierarchy of Ireland was made the sport of the
vilest caprice and the most spiteful ill-nature by these English
Catholics, as they call themselves — for what crime or offence
think you ? Simply for proclaiming that to be schism which
the Catholic prelates of Ireland have unanimously declared to
be so !
I cannot forget, although the English Catholics would seem to
have done so, that this venerable prelate combined the classic
elegance of the scholar with the profound learning of the anti-
quarian and che divine ; that he was one of the first who treated
on polemics without forgetting the dictates of politeness and the
practices of civility, and bore himself through all the excitements
of religious controversy with the temper and manners of a
gentleman.
The resolution was warmly supported by Mr. O'Gorman, and was passed amid great
cheering.
THE PRINCESS OF WALES.
"PON the same day. Mr. O'Connell had a motion for an addross to the mnch-persecntcd
frincess of Wales, the unhappy wife of the Regent
•Mr. O'Connell, at this as at a later period of the persecution unto death which this
luuappy woman underwent, took an active part amongst her df-fendera.
On this occasion the following was the tenor of his speech :—
He declared he had never, in the whole course of his life, pro-
ceeded to address a Catholic, or any other public assembly, with
a deeper or more firm, conviction in his mind — that he was about
DANIEL O'CONNELL, ESQ., M.P 209
to propose a measure eminently and powerfully recommended by
the best dictates of the judgment, and the noblest feelings of the
heart !
It was a resolution which, he was convinced, would do credit
to their feelings, not only as Catholics and as Irishmen, but as
Christians and as men. It would procure for them the esteem
of the friends of virtue, and obtain a triumph over the enemies
of goodness.
I am (continued he), I confess, most deeply anxious for the
•success of my present motion, as I should be grieved, indeed, to
have any reason to think so poorly of my countrymen, as to
believe that they could, by any possibility, be capable of reject-
ing it.
I think I can satisfy you by the clearest and most convincing
arguments of the propriety of adopting it. The proposal is for
an address to her Koyal Highness the Princess of Wales.
Load cheering followed— the entire meeting, as if by an electrical impulse, rose— the
ladies waved their handkchiefg, the men waved- their hats, and three distinct shouts o»
applause ensued. We have never witnessed such enthusiasm.
Oh, no, (said Mr. O'Connell,) I will not argue the point at all ;
I will not enter into any reasoning on the subject : indeed, I
will not. I leave it to your hearts — to your Irish hearts — to
regulate your conduct. (Loud applause.)
It was, my countrymen, a foul conspiracy; subornation of
perjury, the meanest and most abominable of crimes, and per-
jury itself at all times foul and unnatural, but in this, most foul
and most unnatoral. These atrocities were levelled against a
stranger, friendless and alone, in a land of strangers — against a
female, at a distance from her parents, and deprived of her na-
tural protector. Good God ! where is the thing, in human shape,
that can r«ad of these horrors and not join in the shout of exe-
cration ! — that can behold the triumph of the innocence of this
illustrious lady, and not offer the feeble tribute of applaw 3 !
Yet, there have been such beings — there are such monsters !
The Giffards of the Dublin Corporation — and there are many
Giffards, differing in degree, but combining in principle — the
Giffards of the Corporation' have refused to say that perjury is a
crime — that persecuted virtue deserves countenance and sup-
port. They have refused to say so, because they do not think
.perjury a cnme, when employed against an enemy; they do not
deem virtue an object of any admiration; money is their god —
to that they are devoted.
1 said I would not enter into any detail or leasoning upon
210 SELECT SPEECHES OF
this subject, and T will keep my promise; but allow me to rfc-
Timrk upon one circumstance, in the case of this illustrious lady.
She becomes a widowed wife soon after her marriage, but by
whose default 1 I do not stop to accuse any person ; but this I
must say, that even her envenomed and unprincipled enemies
have not dared to attribute to her any blame for the separation
from her husband. She has never been accused of any fault to
cause or justify that separation, and she stands, perhaps, the
solitary instance in domestic, or, indeed, in any other quarrel,
where one party was confessedly and altogether innocent.
This, I own, has made a strong impression on my mind, and
I cannot help thinking that there must have been great purity
and great delicacy in the conduct of the lady, who upon such
an occasion as this, escaped with her honour not only untouched
by any wound, but unsullied by any stain, even in the imagina-
tion of calumny itself. For the credit of her sex — for the dig-
nity of human nature, I rejoiced that she so escaped, and the
less wonder at the subsequent triumph which the miraculous
force of her innocence affordecj her, against the vilest and most
artful conspiracy that was ever formed against life and honour.
I cannot avoid also taking notice of the absurd pretext which
has been lately set up, to cover the real delinquents in this atro-
cious conspiracy against her Royal Highness. It is said she owes
it all to her indiscreet friendship for Lady Douglas; but see
how the fact contradicts that assertion; for, in 1804, the year
before Lady Dougiaa gave in her statement, we have seen that
the apothecaries were examined, and that Lord Moira — why—
oh ! why, is poor Ireland doomed to blush at that name, too, — we
have seen Lord Moira condescend to shrug and wink at the ani-
mated honesty of Esmeade : that scene took place before this
miserable Lady Douglas became an actor in the conspiracy : she
therefore cannot be considered as the prime mover of the con-
spiracy: you must go further back to reach at the real author.
Permit me also to remark upon one other circumstance, in the
case of this injured and innocent lady. By the testimony of
her servants, it now appears that they were placed about her in
the double capacity of attendants and of spies. For years she was
surrounded with persons employed and anxious to discover in
ner some fault or some crime. She was quite unconscious of
being surrounded by those spies ; but she was perfectly safe
under the protection of her innocence. She has not been ac-
quitted for the want of evidence. If crime existed, the witnesses
>tood rjady to note it down ; nay, so awxious were they to sup*
DANIEL O'CONNELL, ESQ., M.P. 211
I, ^vidence against her, that we find them torturing trivial, un-
important circumstances into evidence of guilt, and directly in-
venting falsehoods, to give a colour to the conspiracy. She is
therefore enanled proudly to feel that she owes her acquittal
to her innocence aione ; had she been guilty, she must have been
convicted.
I close these few observations on this momentous case, by en-
tering my solemn protest as 3 lawyer, against the species of tri-
bunal before which she was tried, and which, unable, though clearly
not unwilling, to convict, aared to censure her whom they had
not Iieard, and could not hear IE her defence. A more inquisi-
torial or unjust proceeding never disgrace^ *be dungeons of the
Inquisitions. It is " as false as hell." Permit me to quote one
of her judges — " It is as false as hell to pretend that this tribunal
was warranted or justified in taking cognizance of the matter a*
all ; it was a tribunal illegal in its formation, and shamefully dis-
graceful in its result !"
I repeat it, how dare they to inflict the punishment, the dread
ful punishment of censure on the honour of a woman who ha.
not been heard to explain or to defend ? (Hear, hear.)
There is, however, another view of this subject which presses
strongly on my mind. The Orange lodges are about to be estab-
lished in England. By this, more may be meant than meets the
hearing. We have heard that some Orange lodges in this coun
try had taken an oath of fidelity to the Duke of York. It is
about four years since three soldiers were brought up froi i Bel-
fast, charged, as the newspapers informed us, with swearing in
Orangemen to join the Duke of York against the Prince of Wales
These men were not punished — they were, probably, private^
reprimanded for their indiscretion. I know not, nor do 1 care
if they have been subsequently promoted or rewarded. But it
presses very strongly upon my mind, that we are not the sole
objects of the English Orange lodges. The Jlegent is far from
being of an active or penetrating disposition. He, of course,
would never consent to the disinheriting of his child. Yet how
do we know, but that in the secrecy of the Orange association, somi
plan may be devised and matured to alttr succession, and to pre>
vent a female reign?
Perhaps it is for this that Orangeism, with its conditional al
legiance, is now adopted. If it be — if there be any plan for alter-
ing the succession in agitation, there is no harm in saying that
I am against the Duke, and for the Princess. (Hear, hear.x
not to boast, but I have enough of property to make mo
215 SELECT SPEECHES OF
independent ; if I had no property, I have a profession,
m the kindness of my countrymen, would make me independent,
even if I had no property. I easily yield to the delicacy which
forbids me to speak of matters of a domestic nature, but I may
be permitted to say, that I have those domestic charities about
me, which make the cup of life sweet. Oh, sweet, indeed ! But
1 am ready to sacrifice property, and profession, and existence,
in the cause of the legitimate successor to the throne ; and if
they shall attempt to alter the succession, I will fight against the
traitors, and for the young Princess, at your head, or by your
side. (Loud cheers.)
Let not these traitors be enabled hereafter to revive these ca-
lumnies against her mother ; let them, at least, be met in any
such attempts, by the verdict of acquittal pronounced by Catho-
lic Ireland, and recorded in this your address. The fashion of
rutting the throats of wives is gone by. Henry the Eighth, the
English apostle of the Reformation, had a speedy method of get-
ting rid of a disagreeable wife. He it was that first discovered
the errors of the Church of Rome in the fair face of a young lady.
In the present day, it is said, that the crimes of the Catholics
have been detected in the bloated visage of an ancient matron.
This taste of Henry was more correct, but not more laudable.
The attempt to destroy female honour, wherever it originated, is,
however, as foul, nay, perhaps, more foul, than to take away the
female fife. The Irish were disgusted by the first experiment \
they cannot refrain from horror at the second ; nor can any pal-
try consideration of personal interest restrain them from express-
ing that abhorrence.
Our first interest is to be honest, just, and manly. Our first
duty is to discountenance and condemn the perjurers and theii
employers. Our proudest and best feelings are to exalt and praise
persecuted innocence. (Loud bursts of applause.) We cannot
command success for ourselves ; we cannot coax the Prince Re-
gent, nor bribe the parliament ; but it is in our power to deserve
to be successful ; to show that we are men— that we are Irishmen,
to whom nothing is alien which partakes of justice, dignity, and
generosity. (Cheers.)
Yes, let this address injure our cause, yet I would recommend
•t to your adoption upon that account; because, thus you would
aave some sacrifice to offer upon the altar of justice and of per-
secuted innocence. (Loud and repeated applause.)
1 do therefore, move that the following address be adopted : —
DANIEL OCONNRLL, ESQ., M.P. 213
" Tie Address of the Roman Catholics of Ireland, to her Royal High-
ness the Princess of Wales, on her escape from the Conspiracy
u MAY IT PLEASE YOUR ROYAL HlGHNESS.
" We, the Roman Catholic people of Ireland, beg leave to offer our
unfeigned congratulations on your providential escape from the conspi-
racy which so lately endangered both your life and honour — a conspiracy,
unmanly in its motives, unnatural in its objects, and unworthy in its
means — a conspiracy, combining so monstrous an union of turpitude
and treason, that it is difficult to say, whether royalty would have suf-
fered more from its success, than human nature has from its conception.
" Our allegiance is not less shocked at the infernal spirit which would
sully the diadem, by breathing on its most precious ornament the vir-
tue of its wearer, than our best feelings are wounded at the inhospi-
table baseness which would betray the innocence of a female in a laml
of strangers ! !
" Deem it not disrespectful, illustrious lady, that, from a people pro-
verbially ardent in the cause of the defenceless, the shout of virtuous
congratulation should receive a feeble echo. Our harp has been long
unused to tones of gladness, and our hills but faintly answer the unusual
accent. Your heart, however, can appreciate the silence inflicted by
SUFFERING ; and ours, alas ! feel, but too acutely, that the commisera-
tion is sincere which flows from SYMPATHY.
" Let us hope that, when congratulating virtue in your royal person,
on her signal triumph over the perjured, the profligate, and the corrupt,
we may also rejoice in the completion of its consequences. Let us hope,
that the society of your only c/rild again solaces your dignified retire-
ment ; and that, to the misfortune of being a widowed wife, is not added
the pang of being a childless mother.
" But if, madam, our hopes are not fulfilled — if, indeed, the cry of an
indignant and unanimous people is disregarded, console yourself with the
reflection that, though your EXILED DAUGHTER may not hear the pre-
cepts of VIRTUE from your lips, she may, at least, study the practice of
it in your example." (Cheers.)
The following resolutions were then passed unanimously : —
" Resolved — That the address to her Royal Highness the Princess
of Wales, now read, be adopted, and that the individuals composing the
general board of the Catholics of Ireland, be requested to procure sig-
natures thereto. 9
" Resolved — That the Catholic delegates, now in London, be re-
quested to present the said address, in the most respectful manner, Co
her Eoval Highness the Princess of Wales."
21-1 SELECT SPEECHES OF
REPEAL OF THE UNION.
AT tne meeting of the 29th of June, in this j ear, Mr. O'Connell spoke *s follows :—
I return you the thanks of my heart for the kindness with
which you have this day received me. I am proud of the kind-
ness of my fellow-countrymen. It is the only reward I would
accept, as it is the only one I seek ; but it is a rich recompense !
It consoles and compensates me for the slanders and malignity
of those who are my enemies, only because they are your oppres-
sors!
Nay, in their enmity, too, I feel comfort and delight. I re-
joice to have earned their hostility; and I shall deem lightly rf
myself — most lightly, if the hour shall ever arrive, when tne
men who enrich themselves and fatten themselves by the degra-
dation and enslavement of Ireland, shall treat me with favour,
or even with neutrality.
I complain not of their calumnies ; I exult in them. I have
lashed the bigot and the tyrant ; I have exposed the infamy of
those hypocritical pretenders to sanctity, who, in the name of
GOD, plunder and oppress unhappy Ireland ! — the men who dis-
count their consciences and obtain money by their pretensions to
piety— ^en, whom I need not name, because you know them
at once by description.
These men calumniate me, when it is quite safe so to do, in
my absence. I exult in deserving their hatred; I rejoice at their
exertions, which only prove that I have, in some measure, re-
venged my country upon them. I court their bitterest hostility;
all I deprecate is, their forbearance or their favour.
Your enemies say — and let them say it — that I wish for a se-
paration between England and Ireland. The charge is false; it
is, to use a modern quotation, as " false as hell !" And the men
who originated, and those who seek to inculcate it, know it to
be a falsehood. There lives not a man less desirous of a separa-
tion between the two countries — there lives not a man more
deeply convinced, that the connection befweeu them, established
upon the basis of one king and separate parliaments, would be
of the utmost value to the peace and happiness of both coun-
tries, and to the liberties of the civilized world.
Next, your enemies accuse me of a desire for the^ndependeuce
of Ireland. I admit the charge, and let them make the most of
it. 1 have seen Ireland a kingdom ; I reproach myself with hav-
ing lived to behold her a province 1 Yes, I confess it — I wiV
DANIEL O'CONNELL. ESQ., 51.?. *Jl/>
ever be candid upon the subject — T have an ulterior objer-t —
THE REPEAL OP THE UNION, and THE RESTORATION TO OLD IRE-
LAND OF HER INDEPENDENCE. (Loud and repeated cheering, and
acclamations for several minutes.)
I am told that it is indiscreet to avow this intention. It may
be so; but in public affairs, discretion may easily pass into dis-
simulation, and I will not be guilty of it. And if to repeal the
Union be 'he first service that can be rendered to Ireland, as it
clearly is, I for one, most readily and hea» dly offer to postpone
our Emancipation, in order to promote the cause of our coun
try. (Loud cheering.)
But lei- me not be mistaken. It is true, as I declare, that 1
desire tht- restoration of our Irish parliament ; I would sacrifice
my existence to restore to Ireland her independent legislature ;
but I do ?i02 desire to restore precisely such a parliament as she
had before. No : the act of restoration necessarily implies a re-
formation, which would for ever abolish the ridiculous, but most
criminal traffic in the representative privileges. The new Irish
legislature would, of course, be purged of all the close boroughs.
The right to nominate to parliament should no longer be a mat-
ter of traffic, or of family arrangement ; it should not be, as it is
at present, private Droperty ; so much so, that I could name to
you a borough in which a seat in parliament is vested by regular
marriage settlement. I could tell you the date and number of
the registry, in which a judge of the land and a country gentle-
man, are trustees to raise money upon it, for the benefit of the
younger children of a baronet ; this traffic — this most odious and
disgusting traffic, should be abolished at once and for ever, were
our parliament restored to us. (Cheers.)
Desiring as I do the Repeal of the Union, I rejoice to see how
our enemies promote that great object. Yes, they promote its
inevitable success by their very hostility to Ireland ; they delay
the liberties of the Catholic, but they compensate us most amply,
because they advance the restoration of Ireland; by leaving one
cause of agitation, they have created and they will embody and give
shape and form to a public mind and a public spirit.
Ireland lay in torpor till roused by the call for religious liberty.
She would, I fear and I am convinced, have relapsed into apathy
if liberty of conscience had been speedily conceded. Let them
delay Emancipation but yet a little while, and they will find that
they have roused the sleeping lion of Ireland to awaking activity
which will not permit our further slumber till Ireland is heis^lf
again. (Loud applause.) They may still, perchance, think of ad-
216 SELECT SPEECHES O?
ministering the narcotic of religious freedom, Khich may tend
tore-establish political lethargy; but only let them allow our
discussions to continue, let them suffer our agitators to pro -?H
let the love of country and even the desire of notoriety b? per-
mitted to excite fresh agitators, and, above all, let the popular
mind become accustomed to the consideration of public subjects
and to the vehemence of political contest, and they know n jthing
of human nature who imagine that they can, with a breath, still
the tempest that they shall have thus excited, or be abU to quiet
a people whom they shall have roused to a sense of their wmngs,
and to a knowledge of their own strength and importance !
I repeat it 1 The delay of Emancipation I hear with pleasure,
because in that delay is included the only prospect of oltaininj my
great, mi/ ultimate" object — tJie Legislative Independeiice of mi
riatiue tand !
I have wandered from my subject; but I have not forsaken
vour cause. The very calumnies of your enemies and Laine lead
us to the discussion of topics which it is for their own inter -st to
bury, if they can, in eternal oblivion ! The manner in which I shall
refute their calumnies is, by endeavouring to serve you. I can-
not do that better than by tendering to you my humble, but my
honest advice. The present period peculiarly calls for that ad-
vice. Emissaries are abroad, agents have been employed, abun-
dance of money and great encouragements are held out to <hose
who may seduce you from your allegiance. Your enemies can-
not put you down, unless you yourselves lend them assistance.
Your cause must triumph, unless you yourselves crush it. You
have the fate of Ireland in your hands — upon you, and upon you
alone does it depend. Alas ! for poor Ireland ! Her liberties
depend upon the prudence of a people of the most inflammable
passions, goaded almost to madness on the one hand by Orar.se
insults and oppressions, and exposed at the same time to the
secret seductions of the agents and emissaries of those very
Orange oppressors !
Do you wish to gratify the Orangemen ? If you do the way
;s before you. You have only to enter into some illegal or trai-
torous association ; you have only to break out into turbulence
or violence, and the Orangemen will be delighted, becai.se it
will afford them the wished-for opportunity of rioting in your
b.oori !
Do you desire to afflict and disgust your friends 7 If you dr.
tho way is open to you. You need only form illegal or sedition!
$oc.etie8. You have only to x>ininit some outrages ajr.iiust thf
UANIEL O'CONNELL, ESQ., M. 217
public peace, and against your sworn allegiance, and your friendi
must abandon your cause with contempt and abhorrence.
In short, your enemies are on the alert. They throw out the
language of irritation, and they adopt every measure of oppres-
sion to goad you to a violation of the law — to a departure from
your loyalty and peaceable demeanou; I* -i it does not rest
there. They send round their agents witu money, and with par-
don for themselves, to preach in private circles the doctrine of
insurrection — to form secret knots and associations — to seduce
you into crime and then betray you. These miscreants endea-
vour to obtain your confidence, that they may sell your lives
in the meantime, the 'Orangemen stand to their arms, ready pre-
pared, primed, and loaded ; they stand with the triangle and the
gibbet, to torture, to plunder, and to massacre !
Alas ! alas ! my countrymen, see you not the fatal snare ? l)o
you not comprehend the cruel purposes of your betrayers? Yes!
jay countrymen were never deficient in intellect — they never
v. anted ready comprehension. They do, and they must perceive
that if a single parish — if a single village — nay, if a single indi-
vidual, exhibits the symptoms of political crime — if a single wish,
inconsistent with loyalty, allegiance, peace, be expressed, our
enemies will have an excuse, and a justification for their crimes
and oppressions ! The Habeas Corpus Act will again be sus-
pended— the reign of torture and of terror will again be renewed,
and the cause of Ireland will be lost, and lost for ever.
I am deeply anxious to impress upon those "«Tho hear ine, or
may chance to read a report of what I utter — I am most deeply
anxious to impress upon the minds and understandings of every
*rue Irishman, that disloyalty to his sovereign would be double
treason to his country ; it would be perjury, aggravated by folly,
and followed by the eternal extinction of the liberties of Ireland.
Aud what prospect could there possibly be of aught besides de-
struction 1 You would have no friends — no supporters. We,
who now join you in bearing down upon our oppressors — we, who
expose the hypocrites that cover then- bigotry in the stolen gar-
ments of religion — we, who are ready to run every danger, to sus-
tain every calumny, and every loss and personal inconvenience
iii your cause, so long as you conduct that cause within th«
limits of the constitution — we, in whom you confide, would, and
must, be found, if you violate the law, in the ranks of your ene-
Uiies, and in arms 1
For myself, I will tell you honestly, that if ever that fatal daj
arrive, you will find ine arrayed against you. There will not b*
318 SELECT SPEECHES OP
so heavy a heart ; but there will not be a more ready hand to
sustain the constitution against eveiy enemy !
Think you that I should thus consume your patience in re-
peating my cautions, did I not know that at this moment no
means are left untried to seduce the population of this country?
Oiv enemies have long duped the people of England — indeed,
that was not difficult ; so dishonest and besotted a people as the
Kiiglish never lived. (Loud cheers.) Yes ; they are dishonest
nnd besotted ! Individuals — many individuals, and classes
amongst them, I respect and reverence ; but as a nation, I must
say. and I can prove it, that they are most profligate and quite
-oet in folly.
For a specimen of their morality, take a few transactions of
fliis war — a war carried on for the preservation of justice, social
order, and religion ! Well, in this just and religious war, the
Knglish attack, plunder, murder a people with whom they are
then a' peace ! Without a shadow of any provocation, they, in
he midst of peace, steal the Danish fleet, burn the Danish capi-
tal. ai:d massacre, even to the infants in her foundling hospital ! !
Pat fchis is not all. This atrocious crime, for which England
^» ill be ever execrated, and will, probably, be punished — this
troci MS crime is now followed by a formal treaty with Sweden,
by which England sanctions the robbery of an entire kingdom.
Sweden has no more right to Norway than Napoleon to London ;
yet the English give her Norway ! What would they say if
Napoleon were now to make a present of Ireland ? Sweden is
the good ally of England. Such good friends ought to make
near neighbours ; and Ireland would, I think, suit Swedish pur-
poses as well as Norway.
Such is the morality of England, that she has afforded tho
xample that would justify the transfer of her own dominions to
foreigners.
As to English stupidity, it is really become proverbial ; it is
treated by her rulers with too little ceremony. The mercenary
Press which they pay does exhibit, I think, a little too much
contempc for the English understanding. The Courier, for ex-
ample, begins the week with some egregious lie or other ; the
writers are aware that its falsehood will be discovered by Thurs-
day ; but on Thursday they are prepared with a second lie,
which will last till Saturday, when lie the third is coined ; and
the English — the most thinking English — swallow, with the
same unabating credulity, the first, second, and third of these
DANIEL O'CQNNELL, ESQ., tf.P. 21 P
lies, and are prepared to commence the ensuing week with an
unabated appetite for falsehood ! (Cheers and laughter.)
To descend from the nation to an individual. Can anything
be more beastly stupid than the conduct of Lord Kenyon, who
is now organizing Orange lodges ? Why does not the animal
see that the principle of religious exclusion might have prevented
him from being a lord ? — that he has escaped into sinecure places,
property, and a peerage, by tne accident of his father's creed ?
For example — if his father, who was a common writing clerk tc
an attorney, if he by accident had been a Papist, the present
Lord Kenyon, instead of being a peer, would, most probably,
have been a private soldier, or a peasant ; or, at the utmost; by
a timely conversion from the errors of Popery, he might have
arrived at the dignity of being the first preacher, and highest
bouncer, of some society of Welsh "jumpers." (Laughter.) Yes ;
my Lord Kenyon, if he had a particle of understanding, would feel
that his Orange exertions expose the upstart only to the contempt
of a people whom he may oppress, but of whom he would not
dare personally to insult the lowest individual !
Such is the state of England ; she is ready to sanction any
crime — to credit any delusion.
Her Orangemen calumniate you. They only require of you
one single act of sedition and turbulence, and you will confirm
and establish their calumnies for ever !
I have, I own, been tedious in the advice I have given you for
the regulation of your conduct, but think not that I recommend
to you to submit to Orange outrage and insult. Let them go
to war with you ; do you content yourself with going to law
with them. If they dare to attack the wealthy Catholic — a
proceeding they are generally much too prudent to adopt, the
wealthy Catholic can protect himself. If they attack the poor,
we are bound, and willing, to procure protection for him ; on his
behalf the protection of the law shall be exerted. I am able to
promise it, because :. ho Catholic Board has the rich treasury of
the Irish heart to draw upon, in order to procure the funds ne-
cessary to afford this protection.
I repeat it ; no illegal outrage shall be committed with im-
punity by the Orange banditti upon the poor, or the hitherto
unprotected. This is the first duty that we owe to the patient
people.
We owe them another. We owe them the home-market ; we
owe them the consumption of Irish manufactures — the con-
sumption of nothing but Irish manufactures. (Loud cheers.)
220 8ELKCT SPEECHES OF
Yes ; it is a solemn duty imposed upon the Irish C& .holies, to
give to their own countrymen the priority of their custom. One
would imagine that it ought to require no argument to enforce
this duty, but the melancholy fact is, that Ireland is debased and
degraded ; first, and principally, because Irishmen have given a
perverse preference to everything that was not Jrish. We en
rich the bigots of England, and we leave our own manufacturers
starving, and then we talk of our patriotism ! In fact, the
clothing districts in England are the most bigoted portions of
it. The no-Popery cry commenced last year in the very centre
of the cloth manufactory. It commenced with the dealers in
cloth, at Pontefract, in Yorkshire ; and I need only appeal to
the Leeds newspaper, for the absurd virulence with which perse-
cution is advocated in that town.
Why, in that very paper I read about a fortnight ago an ac-
count of a fresh rebellion in Ireland — nay, in Dublin 1 ! As
none of you heard of it, let me inform you, that it actually took
place. (Loud laughter.) I forget the day, but that is not ma-
terial. It took place in Exchequer-street. The Nottingham
regiment covered it with glory ! They fought the Popish rebels
for two hours ; the rebels ascended the houses, fired out of the
windows, threw brickbats and large stones from the roofs ! Two
regiments of horse, three regiments of foot, the Flying Artillery
from Island-bridge, and the regiment of Artillery from Chapel -
izod, all shared in the honour of the day ! and, at length, the
main body of the rebels retired to the Wicklow mountains, and
the residue of them went to bed in town ; fortunately no person
was killed or wounded, and tranquillity was restored by a mir-
acle. (Loud laughter.)
Do you imagine I jest with you ? No ; I solemnly assure
you that the story is gravely told in the Leeds newspaper. Some
«)f the London journals have copied it, even to the scrap of bad
Latin with which Yorkshire dulness has adorned it ; and there
is not a maker of woollen cloth at Leeds that would not swear
to the truth of every sentence, and every word of it !
And are these the men for whom you are making fortunes?
Are there not, perhaps, hundreds that liave been clothed in tho
M fabric of these dullest of all malignant bigots ?" Probably the
wretch who fabricated the lie is himself engaged in the woolley.
trade, and that Irish Catholics are his customers and consumers.
Let us teach these drivellers and dotards that they cannot insult
us with impunity. The most sensitive part of an Englishman
is his purse j lot us apply ourselves to tLis his orym of sensi-
DANIEL O'CONNELL, ESQ., M.P. 221
tiveness, and make him feel in his tenderest part, the absurdity
*»f rousing an anti- Anglican spirit amongst us ; by this will you
Bullish your enemies ; but what is still more delightful, by this
will you encourage and stimulate the industry of your own poor
Countrymen. (Cheering.)
Let us leave to the Orangemen the produce of England. The
Orangemen are the sworn enemies of Ireland, and naturally
enough have ratified their alliance with England. But let us
recollect that our own tradesmen are starving ; that it is in vain
to preach loyalty and obedience to the laws, if we leave our
people without employment, if we encourage English industry
and thereby promote idleness in Ireland. (Hear, hear.)
For my own part, I have long made it a scrupulous duty, not
to wear anything that was not Irish ; and if you will sanction
so humble an example by your imitation, you will confer wealth
and content upon those who, in their turn, will powerfully aid
you in the pursuit of your liberties. I shall move, and I am
confident you will adopt a resolution to this effect. (Hear, hear,
hear.)
I have also one resolution more to propose. It is suggested
to me by my anxiety to obtain an adequate counterpoise from
the law against the weight of misery which the revival of th*
Orange system threatens.
I mean to move —
" That the Board should prepare a second petition to the legislature,
to take into consideration the judicial system in Ireland — the adrniniiy-
o-ation ol the law amongst us."
We all know — and by sad experience we feel — how it is ad-
ministered. It has been more than once said, quaintly and not
untruly, that voting for the Union did not make a man a good
lawyer. We all know that it did not, but it made many men
judges ; and some it made judges who had never held a brief.
But this is not what I complain of at present ; it is something
more immediately injurious ; it is the profligacy that is induced
by the present state of the law in the mode of selecting juries I
[ need not remind you of the care with which every Catholic is
excluded from the panel — or at least from the jury — when any
question interesting to us is to be tried. How carefully every
envenomed bigot is congregated, to pronounce a verdict of con-
viction by anticipation. Our petition must state these facts,
and we will offer to prove them in their details. For example—
ye will oiler to prove, that a man in the class of bank directol
SELECT SPEECHES OB
has been heard to declare in public company, that he wanted no
money — not he, from government — all he asked was, that when
they should have a Papist to try, that they should put him on
the jury ! ! (Cries of shame.)
I tell you that this is a fact — a fact which we are able dis-
tinctly to prove — nay, more, that his request was complied with,
or, at least, that he was put on a Papist's jury ! ! !
We will also furnish the instance of the present sheriffs of
Dublin — Morgan and Studdart ; they were elected for no other
treason but for their hostility to the Catholics.
The facts are public — Mr. Warner was entitled by the cour-
tesy usually adopted in the corporation, to be sheriff. He was
called on by Giffard (what a sense of justice this being must
have !) — he was called on by Giffard to pledge himself against
the Catholics. Mr. Warner who is a man that does honour to
your city, finally refused to give any such pledge. Messrs. Mor-
gan and Studdart cheerfully gave it. What was the consequence?
Why, Mr. Warner was instantly rejected — -Morgan and Studdart
instantly appointed. The tenure of their office was a pledge
against us — they have faithfully redeemed that pledge.
How many gentlemen, too, have been refused the office of
•heriff, for signing a petition in our favour ? I need not go to
Carlow for instances ! How many have been appointed for their
hostility to us ? I need not go to Kilkenny for instances ! la
•hort, my object is simply this : at present the law treats the
Catholics as aliens and strangers in their native land. All I re-
quire is, that if we are to continue aliens and strangers in Ire-
land, we may have the privilege of aliens and strangers ; not only
the Frenchman, but the Turk, the Jew, and the negro, are en-
titled to this privilege, that if they are indicted for robbery, or
killing an Irishman, the jury shall not be all Iriah, but that one-
ialf must be foreigners.
The privilege of the Jew, or the Turk, or the barbarous negro,
IB all I ask for the Catholic. Let not Mr. Attorney-General be
enabled to get up a mocking of a trial, and array his bigots in
support of the falling cause of bigotry.
I will conclude with a motion to this effect : but let me 6rst
recal to your recollection the situation of one of your earliest
advocates, the Rev. Steel Dickson. He dared to be honest and
independent, when it had ceased to be a fashion. At one time,
the Presbyterians of Ireland stood the very foremost amongst her
children. They it was who principally forced a free trade from
England, in 1778— 4hej it was who, in 1782, insisted in arms
DANIEL O'CONNELL, ESQ., M.P.
that Ireland should have a free constitution ; and a free consti-
tution she instantly obtained — they it was who were the enthu-
siastic friends of every liberty. But, alas, how fallen ! Lord Cas-
tlereagh, Doctor Black, and the regium donum have converted
them into Orangemen. As Orangemen, they brought about the
Union ; and now they are persecuting this Christian priest, this
preacher of the Most High God, because, forsooth, he has pre-
sumed to preach peace, and charity, and good-will to all men.
Allow me to say one word of myself. 1 want to read my re-
cantation. (A laugh.) I have been accused by the public papers
of having spoken slightingly of Grattan. I do not think I did
so ; but if I did, I shall only say, that I retract and renounce
my error. Grattan if he be mistaken, must ever be beloved by.
and a pride to, every Irish heart. (Cheering.)
Mr. Q'Connell concluded by moving the resolution respecting
Irish manufacture, and also that for adopting and forwarding a
second Catholic petition, during the current session of parliament."
THE KING v. JOHN MAGEE.
THE long remembered case of the government prosecution of .Mr. John Magee, proprietor
of the Dublin Evening Post, furnished occasion for M». O'Connell's next speech ; as well an
for another which we shall presently give, and which was perhaps the most powerful of all
Ma forensic efforts.
On this occasion Mr. Magee was being prosecuted for an alleged libel upon the Duke of
Richmond, then Lord Lieutenant of Ireland.
On Wednesday, the 8th of July, 1813, the case was called on, when Mr. Finlay applied
fur a postponement until some day in the following Michaelmas term ; on the ground ot
t!ie absence of several parties, without whose attendance the defendant was advised thai
lie could not safely proceed to trial, viz.—
Sir Charles saxtot-, late Under-Secretary at the Castle,
Right Houble William Woilesley Polo, lat« Secretary for Ireiand,
Robert Petl (.or 7V/«, as them spelled), then Secretary for Ireland ; and
Right Hon. William Fitzgerald (since Lord Fitzgerald and Vesci), Chancellor of tue MA
Exchequer
With Mr. Finlay were Messrs. G'Connell, Wallace, Hamilton, and Charles Phillips
The counsel against Magee were— Saurin, the Attorney-General, Bushe, the Solicitor-
General Gate Chief Justice Queen's Bench), Sergeants Moore Gate Judge Moore), BaU. and
M'Mahon Gate Sir William M'Mahon, Master of the Rolls).
The Attorney- General strongly resisted the application, which he characterized as "idl»
and silly."
After a good aeal oi pe»sonal invective against the defendant, he said—" My lords, you
will be shocked to hear that the defendant is indicted and charged, by this indictment,
with charging his Grace of Richmond with being a murderer."
Mr O'Couneli— 1 must, my lords, interrupt Mr. Attorney-General, intending him .10 «h ,
224 SELECT SPEECHES OF
respect lie no* purports to state matter which i? contained In the indictm^".*,, >mt hi
has not given any notice of using it upon this motion. So that we are not pi tu-urf d to et-i'-
rect, by the attested copy, any misstatements that he may choose to make of its content*
The Chief Justice allowed the Attorney-General to proceed.
The latter urged that it was idle to expect Sir Charles Saxton and Mr. Welleslsy Pol. u>
return to Ireland, they having no private affairs, uor fixed residence here, and be'in*., <ut
of office.
That if Mr. Peele and Mr. Fitzgerald were not arrived on the d&y he had fixed foi rhe
trial, he would consent to a postponement until the 20th instant ; and if they were not in
reland even by that day, it would, of course, be in the hands of th.e.Court to postpone
•util November.
Mr. O'Connell said, that as leading counsel for Mr. Magee, it
was his duty to reply to the Attorney-General.
I am, indeed, said he, at a loss to discover what it is I am tc
reply to !
I have heard from him abundance of confident and unfounded
assertion, but. a total want of anything resembling reason or ar-
gument ; with his style, it is beneath me to quarrel ; but with
ihe manner in which he has treated my client and the Court, I
nave just reason to be dissatisfied.
Against every principle of law and reason he pronounces my
client guilty before trial ; he anticipates conviction, and exults
in the prospect of inflicting punishment with as much gratifica-
tion as if he were, at the moment, in the actual enjoyment of so
ioing. And he has dictated to the Court that which involves
direct contradiction of its former decisions.
I did interrupt him, my lords, and 1 -was right to interrupt—
first, because he made use of a document, namely, the indictment,
of which, in point of form, he could make no use on this motion,
because of not having given any notice of using it. Secondly,
because he wilfully misstated and misrepresented that indict-
ment.
He has told me that my assertion is absurd. It is not a polite
mode of reply, but he does say that my assertion is absurd. I
wish to be lenient to him, but I am compelled to prove that his
assertions are disgraceful to him, because directly contrary to the
fact!
He has told you that Mr. Magee is indicted as the printer of
a newspaper. My lords, the fact is otherwise. Mr. Magee is not
indicted as the printer of any newspaper. He has told you that
Mr. Magee is indicted as the proprietor of a newspaper. My lords,
the fact is otherwise. Mr. Magee is not indicted as the proprietor
of any newspaper. And the Attorney- General has also told yc*i
that Mr. Magee is indicted for charging the Duke of Richmond
with being a murderer. The truth is not so — the truth is other-
DANIEL O'OOJfWELL, ESQ., M.P. 225
Mr. Magee is not indicted for charging the Duke of Rich-
ia»/nd with being a murderer.
Will it then be said, that it is absurd to endeavour, by inter-
ruption, to prevent the Court from being imposed upon by so
glaring and disgraceful a misrepresentation of the facts ? If so,
this is an absurdity which I am proud of committing.
After this preface, extorted from me by the arrogant manner
of the Attorcey-General, I beg to call the attention of the Court
to the motion.
It is really a motion of course, if the documents be sufficient.
Now, upon the 13th of May last, the Court decided upon debate;
and, notwithstanding the opposition of the Attorney- General,
that those documents were sufficient. That determination was
founded upon good sense, ana upon admitted principles of law.
The ingredients of a motion to postpone a trial are these : — •
First, that it be sworn that witnesses are material and necessary;
secondly, that they have been served with process to compel their
attendance ; thirdly, that they are prevented from attending by
reasons of a temporary nature ; and, fourthly, that there is a rea-
sonable expectation and a prospect of their attending upon a
future day. All these ingredients belong to the present motion.
1. It is sworn that the four witnesses are material and neces-
sary.
2. That they have been served with process.
3. That they are detained in England by parliamentary duty,
and appear to be protected in their absence by their parliamen-
tary privilege.
i. And that there is every reason to expect their attendance
by the first day of next term.
Upon these grounds, common sense tells you that a trial ought
to be postponed ; and upon these grounds the law says it must
be postponed.
Has any man denied that this is the law ? Will any man
presume to deny that this is the law ? if he do, my lords, I
will cite a case directly in point to sustain my allegation. I
will not search for it in the blue-paper books of stupid reports,
which every packet brings us— the English Court of King's
Bench contradicting their Court of Common Pleas, and each of
those courts most impartially contradicting itself — reports that
involve present litigants in an inextricable maze of controversy,
and will entail upon posterity the curse of still more uncertain
and more interminable litigation. I cite not any of these cases,
1 cite the case of tlie King against Magee. The identical case
226 SELECT SPEECHES QF
decided by your lordships on the last day of last term. Upon
the very documents which I use now, you then decided that it
was the duty of the Court, and the right of the party, to have
the trial postponed. Then, as now, the Attorney- General ex-
erted himself to have Mr. Magee tried in the absence of his
witnesses — then, as now, he gave you assertion instead of argu-
ment— abuse instead of logic.
Does he expect that this Court will contradict itself? Shall
it be said, that the highest criminal court of justice in the land
has decided the same question in two different ways ? — that on
the 31st of May, they decided on the same documents and be-
tween the same parties, that the trial should be postponed ; and
on the 7th of July, upon those veiy documents and between
those very parties, that it should not be postponed ? Does the
Attorney-General expect that the Court will involve itself in this
plain and manifest contradiction — that it will this day decide
one thing, and to-morrow decide exactly the reverse ?
In his unfeeling, unjust, and unconstitutional anxiety to try
Mr. Magee at a time when his witnesses are absent, the Altorne \ -
General cares little for the character and dignity of the O-irt,
His only object is the gratification of a malignant spirit of re-
venge, which the Court will, as it ought, feel a pleasure in coun-
teracting, when at the same time it vindicates its owu consis-
tency.
But, my lords, there is, in fact, a difference between the pre-
sent application and the last, precisely because our case is stronger
in the present instance than in the former. Then, my lords, we
could have made but one attempt to procure the attendance of
those witnesses. Now we show you many exertions to procure
their attendance. Our diligence was less on the former occasion
— it is now greater ; and is it possible to conceive anything morn
absurd than to expect that the Court will, at tne request or npon
the dictation of the Attorney-General, now refuse that to a
stronger case, which the Court, on the last occasion, conceded to
a weaker and less powerful case. The administration of justice
would fall into great disrepute, and the law would be a mockery,
if that which was deliberately decided on the 21st of May should,
by the same judges, upon a stronger and a better case, be re-
versed on the 7th of July.
1 feel, my lords, that it is impossible that such an example of
inconsistency arid want of principle in decision, can be sanctioned
for one moment by the Court, however ardently sought for by
the Attorney-General Thus stands the case upon our affidavit*.
DANIEL O'CONNELL, ESQ., M.P. 227
Ton decided with us before ; we only require a repetition of your
decision.
But, it is said the case is different now — that there is now an
affidavit made on the part of the Crown, which will warrant thv
Court in departing from its former rule. This I must altogethe'
deny ; and I am prepared to show you, first, that you canno*
read that affidavit at all ; secondly, that even if it were read, i\
would furnish no grounds for resisting our motion. This affi
davit cannot be read, because the person who makes it shows no
connection with the court or the parties. He furnishes no de-
scription of himself — no reason to account why he should thro\v
an affidavit on your files ; he calls himself James Murphy, ol
the city of Dublin , but which of the thousands of Jemmy
Murphy s who people Dublin, you have no means to ascertain ;
whether he belong to Channel-row or Kildare-street, you cannot
conjecture ; if he be gentleman, esquire, knight, or baronet,
attorney, doctor, grocer, or merchant — all this is concealed from
the Court : he states himself to be " James Murphy," of the city
of Dublin, and no more. This affidavit has been made delibe-
rately and advisedly. It has been filed by the active and intel-
ligent Solicitor for the Crown. It has been advised, of course,
by some or all of the wise, grave, and learned phalanx of counsel
for the prosecution. Why, then, is the swearer concealed1? Let
them give us a reason for introducing a nondescript to the court.
Oh ! he is safe — this James Murphy is ! How can we detect —
how can we punish him for perjury 1 Where shall we look for
him ? How shall we identify him 1 If the Court receives this
affidavit, it holds out an indemnity to perjury — a protection
against discovery, to fabrication and forgery.
The prosecutors have not, however, the merit of invention;
they only imitate. The original example of setting at defiance
wus given them by the contrivers of a public djcument, presented
to an honourable assembly, subscribed in many a forged and fic-
titious name, by rendering detection difficult by its uncertainty :
to that document were affixed four-and- twenty Armstrongs, all
" of the city of Dublin." Thus may every species of imposition,
of perjury, and of forgery be committed, if not without disgrace,
at least without punishment. This affidavit cannot be read, be-
cause it is the affidavit of a nondescript. The rules of the court
require the particular description of every man who comes for-
ward to give his written testimony on oath. Here is no descrip-
tion ; you must, therefore, reject this affidavit.
Again, it is a ruled case that no affidavit can be read.
2?P, SELECT SPEECHES Of
the person shows Rome acknowledged connection with the conrt
or the cause. Thus, in the case of Sullivan v. Margill, reported
in 1st Hen., Black. 637, an affidavit was made to postpone a
trial. The affidavit stated quite a sufficient case for that pur-
pose, and the trial would have been postponed accordingly, but
that it was discovered to have been made by the clerk of the de-
fendant's attorney, describing himself as such. My lords, the
affidavit was rejected, and the motion refused on that account.
It was rejected and refused, because the Court would not recog-
nise any connection between the attorney's clerk and the court,
or the cause entitling him to make an affidavit in the cause.
.See how much a stronger case the present is for rejecting this
affidavit. There the man who made the affidavit was an ascer-
tained person, and actually employed as the assistant of the at-
torney of the defendant. Here the affidavit-maker is unknown,
and does not appear to have any connection whatsoever, even
with the attorney. If the Court in that case, which has eve/
since been recognised as law, refused to hear a person who cer-
tainly had some, though a remote connection with the cause
ind the parties, how can you hear a mere volunteer, who has no
lonnection, remote or otherwise, either with the court or the
parties?
It follows, in point of convenience, good sense, precedent, jus-
tice, and law, that this affidavit must be rejected. But let me
concede that notwithstanding all those, it may be read. What
advantages can it afford? What difference can it make in the
case ? You may, then, see what it is that James Murphy, who-
ever he be, and I care not who he be, swears. He tells you, upon
his oath, that he believes that Saxton. who has sought and won
the unpurchaseable suffrages of the ancient and loyal corporation
of Cashel, does not intend to grace Ireland again with his pre
eence; that Mr. Wellesley Pole, the representative of the Queen'iJ
County, does not, as this worthy Jemmy Murphy believes, pos-
sess any residence in Ireland, nor does he intend, as the said Mur-
phy believes, to return here ; and he then swears that he believes
Mr. Robert Peele intends to come back, and that Mr. William
Fitzgerald intends to revisit Ireland shortly. And can this lu-
dicrous— this nonsensical affidavit — this affidavit, that in every
re-statement of it excites the laughter and contempt of every
person who hears it — can it be gravely urged, as affording a
shadow of excuse for requiring of you to change your pronounced
feud solemn opinion on the subject of this trial?
It is, my lords, worse than no excuse; it tends to render U»e
IU.NIEL O'CONNELL, ESQ., M.P. 229
administration of justice ridiculous, to urge it, or to argue npou
it. But the Attorney-General is so very desirous to have this
trial take place before the witnesses for Mr. Magee can attend,
that I must be indulged in a short comment on this affidavit.
One can easily perceive that it is a bungling and slovenly at-
tempt to produce some similarity between his case and the case
of the King v. the Chevalier D'Eon, the 3rd Bur. 1514; and as,
in that case, the Court refused to postpone the trial, although
the witnesses were absent ; so it is hoped that your lordshipb
will, on the authority of it, refuse to postpone this trial. But
examine the facts, and you will see that case cannot furnish anj
rule to govern this. In D' Eon's case the witnesses were natives
of France, and resident there ; they were in the service of the
crown, and as the French court was interested in the prosecu-
tion, they would not even be permitted, if they were willing, to
come over. There was no probability, therefore, of their future
attendance; on the contrary, there was a certainty that post-
ponement of the trial must be useless, as those witnesses could
never attend.
One regrets, indeed, that Lord Mansfield suffered himself to
be swayed even by so plain an argument, when the case afforded
a principle upon which the trial might, and ought to have been
postponed. It was this : The French king was, in fact, the pro-
secutor; it was at his instance the prosecution was instituted
yet he it was who detained the witnesses. It seems that it would
have required but little of the indignant spirit of liberty, which
the constitution requires from its judges, to have enabled Lord
Mansfield to have decided that he who prosecuted should not be
permitted to prevent a fair trial ; that if he detained the wit-
nesses, the Court would postpone the trial, so as to attain justice
— not as our Attorney-General desires to go on, merely to pro-
cure punishment. No ; Lord Mansfield was not a man calcu-
lated to disappoint power of its prey, and he refused to postpone
the trial.
Let the Attorney-General, then, make the most of his precedent.
D*Eon's case does not resemble ours — the witnesses were in.
France, out of the jurisdiction ; ours are in England, within th*
jurisdiction of the authority of your process. His witnesses weiu
beyond the reach of punishment for any disobedience of the pro
cess of the English courts ; our witnesses are liable to punish
meiit if they disobey your process. His witnesses could not b*
compelled to attend ; our witnesses can, and when parliament
will be compelled to attend. His witnesses would not be
230 SELECT SPEECHES O
permitted to leave France ; no man can prevent our witnesses
from leaving England and coming here. The Duke of Richmond,
who, one may venture to hope, has no anxiety to prevent a fair
trial, and Mr. Attorney- General, who clearly does wish to prevent
a fair trial, cannot exclude our witnesses from Ireland, nor detain
them in England. In D'Eon's case, the postponement ho re-
quired would have been nugatory ; he had no prospect of pro-
curing his witnesses, even if the time he asked had been granted.
In our case, the postponement gives us a certainty of procuring
the attendance of our witnesses. D'Eon's case can, therefore, fui
nish no rule to regulate this case ; which, so far from being like
D'Eon's. is precisely the reverse. •
Mr. Justice Day— The cases, certainly, are not alike, as yon put them ; and your distinc-
tion is founded, if you can show us how you can compel the Attendance of English wit-
nesses here.
Mr. O'Connell. — There is no difficulty in that, my lord. Their
attendance can be compelled, under the provisions of the 45th
of the King, c. 84. An act passed for tha amendment of Judge
Johnson's Act. In Judge Johnson's case, the gross and glaring
inconvenience and injustice which would manifestly arise from
taking a man from the place where he had really done any act
to a place where he had offended only constructively — to a place
where, though he might be transported himself, he could not
compel the attendance of his witnesses. This injustice was BO
forcibly felt, that the legislature interfered, and softened, in some
degree, the injustice of the first statute, by the act of the 45th
of the King, which gives a power to the Irish and English courts
jf criminal justice reciprocally to enforce the attendance of wit-
nesses from one kingdom into the other. The provisions of the
statute are express, and include all cases.
And thus, my lords, by your lordship's confession, I have dis-
*inguished this case from the authority of D'Eon's case. There
js, therefore, not a shadow of reason, authority, or law for refus-
ing this postponement, until we can procure our witnesses. Even
the Attorney-General admits it, when he concedes that the triaJ
Khali stand over until Mr. Peele and Mr. Fitzgerald shall arrive.
So far he cannot controvert our request.
But, as to Sir Charles Saxton and Mr. Pole, he says the case
js different. In what is the case different ? Simply and singly
m this, that the Attorney says so — in nothing else. Oh 1 but,
perhaps Mr. Peele is a man after Mr. Attorney-General's own
f leart, and that Mr. Pole is not. I know of no other difference ;
DANIEL O'COXNELL, ESQ., M.P. 231
and I really disdain to argue a topic in which I have not a par-
ticle of common sense to contend against, and nothing to oppost
but the ipse dixit of the Attorney- General. Mark the sapient
the admirable distinction of this wise and grave personage. Ht
tells the Court that the trial ought to be postponed till Mr. Peelt
and Mr. Fitzgerald arrive; but that it ought not to be postponed
till Sir Charles and Mr. Pole arrive. What am I to combat 1
Upon what is the Court to act ? — Upon the high will and plea-
sure of the Attorney- General ? Really, my lords, I should fear
to insult your understandings by detaining you in exposing the
idle and extravagant nonsense which attempts to distinguish be-
tween two of the witnesses, for whom it ifc admitted the trial
must wait, and for two others of them for whom it is ^insisted
that it shall not wait. It would be better to decide upon avowed
caprice, or the hazard of a die, than upon this wretched distinc-*
tion, without the shadow of difference.
I conclude, my lords, by merely stating to the Court what it
is we want. It is merely to postpone the trial until the termi-
nation of the session of parliament shall have deprived our wit-
nesses of all excuse for non-attendance. It is not suggested, even
upon the faith or the credulity of this James Murphy, that Mr.
Magee has any intention of eluding a trial or of preventing the
•lue course of justice. Murphy's paltry affidavit does not pre*
sume to suggest that which is so manifestly contrary to truth.
Mr. Attorney-General, indeed, of his own authority, tells us
that we desire to postpone the trial wider the pretence of wanting
witnesses, whilst in fact we do not want them. I tell him he
mistakes or misrepresents. We do not seek to put off the trial
under any pretence. We desire to put it off for the purpose of
procuring a fair and impartial trial, and a full investigation of all
the facts of our defence. We desire a fair trial ; the Attorney-Gene-
ral requires a trial in the absence of our witnesses. The Court
will decide between us ; it will decide as it has already done
and, perceiving that as great injustice and oppression must fol-
low from complying with the Attorney- General's request, while*
no unfair advantage can be obtained by our motion, it will again
decide that the trial shall be postponed, until the cause of the
absence of our witnesses is removed
The Solicitor-General rose and said, that it was possible all the witnesses might he able
to attend on the 20th ; that he did not desire aiiy order inconsistent with a full, fair, and
Impartial investigation of the merits — God forbid he should ! He would, therefore, pro»
yuse that the trial should now stand postponed generally till the 20th ; and if then it
uhould appear that any of the witnesses were prevented from attending, the Judge at N*4
Frltw would and he admitted oulfct to, postpone the trial till the next term.
232 SELECT SPEECHES OP
Mr. O'Connell declared hit perfect satisfaction at what had fallen from the learned Soli-
citor-General, .and a rule was pronounced accordingly. Thus has the object of the motion
beou completely obtained.
PERSONAL ATTACKS.
OR the 10th of July, in the Catholic Board, letters were handed in from certain absent
members, which were understood to contain personal attacks
On this ground, Mr. Hahon objected to their being publicly read.
Mr. O'Connell said, that if the fact was as had been stated
(but he was very loth to believe that tfyese letters of Sir Francis
Goold and Mr. James O'Gorman contained attacks upon indivi-
duals), they ought not to be published without having under-
gone a previous inquiry. For Mr. O'Gorman he had a very sincere
regard, and claimed his friendship ; but on a general principle
lie made this objection. The principle was this, that if any per-
son were at liberty to attack others by letter, it might be done
with impunity. A person in India, for example, might thus
Assail either of those gentlemen, the learned baronet or Mr.
O'Gorman, or any other member of the Board. The individuals
thus attacked would have no opportunity of righting themselves
oy inflicting that chastisement which an unfounded and insolent
<etter might merit. (Applause.) It was on this principle, and
without any allusion to the present letters, that he would sup-
port Mr. Mahon's motion.
Mr. O'Connell took the present opportunity to state a fact
which had just come to his knowledge. The question of religious
liberty had been debated in the Presbyterian Synod of Ulster a
few days back ; it was introduced by that venerable and enlight-
ened advocate of liberty of conscience, the Rev. Steele Dixon ;
and, after a full and ample discussion, it was carried with the
most perfect triumph.
One hundred and thirty of the clergy and elders of the Pres-
oyterian Church, loudly and unanimously declared themselves
in favour of extending religious freedom to every man ; eight
only opposed it, and those eight have since expressed their regret,
that motives of respect and deference for the opinions of some
noble lords, &c., (motives with them) had been the occasion of
their opposition, but that in sentiment they fully accorded with
the majority. Therefore, the transactions of that day must bo
•considered a great and signal triumph, not simply fcr the cause
DANIEL O'CONNELL, ESQ., M.P. 133
of the Catholics, but for that of all those who suffer for a con-
scientious adherence to the creed they believe best.
He would prefer giving notice of a motion of thanks to the
Synod to be passed next Saturday, to proposing it at the present
moment, though he was certain if he were to do so, it would be
carried with acclamation, and no person found to enforce the
standing order ; but he chose to postpone it till next meeting,
that it might come with that dignity and weight, which a regular
notice and a week's deliberation would bestow upon it. (This
notice was received with the loudest approbation.)
HENRY GRATTAN.
Mr. M'Dor.nell brought forward aa address to Henry Grattan.
Mr. O'Connell fully agreed in the principle of gratitude to
Mr. Grattan which the address conveyed; but at this moment
above all others, it was necessary that they should be distinctly
understood. He said it came highly recommended when offered
by the most respectable gentleman who had proposed it, but
still there were some phrases in it which, he was bound to Ray,
he could wish to see altered.
We could not (he continued) be sufficiently profuse in the ex-
pressions of gratitude and veneration for that distinguished cha-
racter. It was impossible to do justice to a name which was the
boast and glory of every Irishman. (Hear, hear.)
The splendour of Grattan's talents had been eclipsed by the
noble integrity of his heart; and he was the brightest ornament
of his native land, which he had so eminently served. If she
had fallen again, and had again to commence the career of na-
tional freedom, no fault could be attributed to Henry Grattan,
who had waked her first to independence, and fought the manly
and the good fight for her liberties. His eloquence could never
have been equalled ; but if the other anti-Unionists had equalled
him in other points — if they had caught one spark of his valour
Ireland would not now be a province, nor would stupidity and
heavy ignorance have battled their way to judicial station, and
profited by the extinction of our country !
With these sentiments warm and glowing in my breast, I have
at the same time another duty — a more sacred duty — the duty
1 owe to Ireland.
234 SELECT SPEECHES OF
It consists in having her cause — for the cause of religious li-
berty is her cause — brought forward in the only manner that
can be deemed compatible with our interest, and with our ho
nour. I do, therefore, with great respect, beg leave entirely to
controvert the assertion of my friend Mr. McDonnell. 1 beg
leave to deny that Mr. Grattan has done the best he could for
us, during the present session.
Was it the best to agree to the double Veto? Was it the best
to consent, that the secretaryVclerk at the Castle should have
tho nomination of the hitherto, and now venerated and venera-
ble prelacy of Ireland? Was it tho best to talk of securities?
To countenance that insult alike to our understandings, and to
our hearts — that insult which says, that in subjection and in de-
gradation, the Catholics will continue faithful, but that from
participation in the benefits of the constitution, disloyalty is to
ensue — and hence, that " securities*1 are reqtiisite ! !
I will not follow this exasperating topic ; but I will say, that
the sacred duty that I owe to this "mine own, my native land"
impels me to say, that Henry Grattan was greatly and grievously
mistaken in this session of parliament.
I only require that we should reconcile these concurrent duties.
Let us thank Grattan with all the veins of our hearts, but let us
not use a single expression which can, by any construction what-
soever, be tortured into any approbation of the late very mis-
taken and mischievous bill. I do not require, nor would I con-
sent, that Jiny trace of ill-humour or reproach should be found
in our address; but I would wish that you should suggest to
him his former glories in the cause of '« SIMPLE REPEAL," * and
entreat of him again to adopt for the motto of his country, and
her watchword in the war of parliament, " SIMPLE REPEAL !"
Cheers.)
I am anxious to infix this truth on the minds of all our par-
liamentary friends, that it is for the great principle of religious li-
berty that we contend, and not for individual advantages to the
Catholic body. Let the sentiment be the main idea of every
address, as well as of every petition ; and though we may be de-
feated, we shall never again be disgraced !
* Alluding to the discussions of 1782, when the question was, whether the Irish parlia-
ment would consider its independence sufficiently vindicated, and asserted by the mere
repeal of the Act of the English parliament in the sixth year of the reign of George the
First, by which the latter claimed and usurped legislative authority over Ireland, or who
tlier an express renunciation of this usurped legislative authority should be insisted on.
Grattan Aras for "sirnjJe Repeat," Flood for the trpre&s renunciation. The first WM
obtained in 1782, and the second the year after, viz., 1783, by the 23d George III., chapter
98, declaring our legislative and judicial Independence " ESTABLISHED FOK KVKR '"
DANIEL O'COXNELL, ESQ., M.P. 235
I would, under these circumstances, earnestly press upon my
esteemed friend to postpone the address to Mr. Grattau for the
present ; to consent to have it referred to the sub-committee, in
order to have it modelled upon the principle and in the manner
that I suggest. It will not be the less complimentary to Mr
Grattan for being the work of deliberation, and it clearly will
be more useful and more honourable to ourselves.
Upon this subject let us not have — I trust we shall not have
— any division, Oui- country has suffered for centuries from
degradation and oppression, brought on her, and perpetuated by
her internal divisions. First, the Irish were divided amongst
themselves ; then the English were divided from the Irish; then
followed the long-cherished divisions between the Catholics and
the Protestants ; and now yet another division is encouraged by
the government. Every individual in the Catholic body, whom
the administration §an influence, either directly or indirectly, is
separated from the Catholic prelates and the people. An en-
deavour was made to control us ; it failed, and now the plan is
secession. For my part, I rejoice at the secession of those who
desire to gratify themselves, and not to servo their country.
But whom do we miss? I do not perceive the deficiency.
Our meetings, as it appears to me, have never been so crowded
with the health, and strength, and independence of the body, as
since the last and poorest attempt to stay our majestic onward
course towards the temple of concord and freedom. (Cheers.)
Let us, then, concur in the twc% leading features of this address
— gratitude — eternal gratitude to Grattan ; fidelity — unalterable
fidelity to our country. To combine both, I move that the ad-
dress which has been this day brought forward and read by Mr.
M'Donnell, be referred to the sub-committee to report upon this
day week.
% IRISH MANUFACTURE.
Mr. O'Connell bronglit forward his promised motions on this subject
The first resolution is, that no member be allowed to speak or vote at the Hoard, after
the 1st of August, who shall not be clothed in Irish manufacture.
The second, that the ladies of Ireland be entreated to encourage the wear of their native
manufacture, and not to introduce any other.
Tim third, that n committee of seven be appointed, for the purpose of calling upon the
Protestant gentlemen of tlie country t: form " An Association f»r (lie encouragement of con-
*umntion of fri-th *Vannfaetitrt.n Tlve resolutions were aii received wit'ii iouri nppieuct
M! were pn«sed by acclamation "
230 SELECT SPEECHES OP
1);.; following gentlemen were then appointed upon this committee : —
Mr. O'Connell, Counsellors O'Gorman and
Mr. Richard O'Gorman, Finn, and
Doctor Sheridan, R. O'Bryan, Esq.
E. Cox, Esq.
Mr. O'Connell then moved that his resolutions should be printed in the liberal papers •
r»uliin, and in the liberal prints of Limerick, Cork, Walerford, Kilkenny, and Clonmel,
and in a Belfast paper.
This was also agreed to, and the meeting adjourned.
On Tuesday, the 20th July, Mr. Saurin moved the Court of King's Bench, " that the caw*
rf the King against Magee, ir consequence of the continued absence of Messrs. Fitzgerald,
Pole, Peele, and Sir Charles Saxton, witnesses for the defendant, should stand over to
Monday, the 26th," which was accordingly granted.
ADDRESS TO HENRY GR^TTAtf.
OK the preceding Saturday, the 17th of July, the address to Mr. Grattan was reported t«
the Catholic Board by its original proposer, Mr. M'DonnelL
In the course of his speech on this occasion, be alluded to the continued absence of seve-
ral members of the Board, who hud formerly been constant attendants, and had taken an
active part in its proceedings. This allusion had reference chiefly to the parties who had
made themselves prominent in opposing the vote of thanks to the Catholic bishops, and
wiio, aince the triumphant carrying of that motion in aggregate meeting, had btcluded
themselves in high dudgeon at their well-merited discomfiture.
The adoption of the address, which had been altered, as agreed upon, at the preceding
meeting, and, therefore, while highly complimentary to Mr. Grattan, contained nothing
that could be held to involve any species of tolerance towards the "securities" of bib
- llelief " Bill, was seconded by Mr. O'ConnelL
He said, that in seconding this address, he did not think it
necessary to take up one moment in recommending it to the
Board. He relied upon its being carried with the most perfect
unanimity ; and when he rose to second it, he only meant to
give it all the strength which his individual expression of the
gratitude due. by Ireland to Mr. Grattan could impart.
No man in the communit}7 felt more sensibly the great debt
which we all owe to Mr. Grattan than he did ; and he was happy
that he could make ample acknowledgment of its justice and
magnitude, without conceding either his religion or the steady
principle of simple repeal, upon which alone the Catholics were
determined to stand. The clauses, the arrangements, the details,
1 he provisions, the enactments, the restrictions, which would de-
prive the Irish people of the one, and which were totally incon-
sistent with the other, were not of Mr. Grattan's invention.
These subjects were not now touched upon with any retrospective
T'ANIEL O'CONNELL, ESQ., M.P. 237
view. The address speaks prophetically. It tells Mr. Grattan
that he has always had the hearts of the Irish people and that in
future he shall have their full judgments.
It was immaterial whether their petition should succeed in
the next session or not ; the cause was proceeding with a rapid
and steady pace, gaining daily additional strength as it went
along. He was sorry that he could not agree with his most re-
spectable friend, Mr. M'Donnell, in any part of the late bill. It
was unnecessary, after the very powerful manner in which that
gentleman had condemned the interference with the clergy, to
say anything upon that part of the bill ; the sentiments ex-
pressed by Mr. M'Donnell were only those of the public in gene-
Til, and any feeble cry that has been attempted to be raised in
Vvour of the clauses, only made the expression of this feeling
. he more marked. But he was bound to say, that none, even of
.he political enactments of the bill, deserved approbation.
He entreated his respected friend to permit tho legal men
:>f the Board, merely as barristers (if not lawyers), to declare
tl.eir opinion upon it, as upon matter of law. And this opinion
he unrqui vocally declared was, that the bill, had it passed into
law, would have been totally inefficient — would have done no-
thing. In the House of Commons and in the higher ranks of
the army, some trifling benefit might have accrued from it to a
few ambitious Catholics, but in respect to the great mass of the
people, they would have gained nothing by it. Taxation without
representation, and the numerous other crying grievances which
they endure, would have been left wholly unaffected by its ope-
ration. This he asserted as the opinion of the barristers of the
Catholic Board, and if it shall be contradicted by anything like
argument in the public papers, he pledged himself to support
the assertion.
Th:re vas now upon the .able an abstract of the bill, which
had been prepared by Mr. Charles Butler for the emancipation
of the Catholics : and he felt himself bound to say, that he had
never rnet anything which appeared to have been drawn up ic
more complete ignorance of the penal laws which aggrieve the
Jutholics of Ireland, and that if it had passed into a law, it
would have been totally useless. Mr. Butler (he said) is aii ex-
jjert penman, who writes a great deal, and if he shall contradict
'n print his (Mr. 0'Conne.ll's) assertion, he will, for the infor
ination of the gentleman and the public, quote the statutes
*mch would render bis bill a nullity.
He (Mr. O'Connell) spoke this that the people might knew
238 SELECT SPKEHES OF
that bad bills had been prepared ; and for the purpose of inform-
ing any known person who took an interest in the affairs of tha
Catholics, that if a bill for their emancipation was wanted, ami
the Board were to be called upon to produce one> the frame of
such a bill was ready, and should be instantly produced.
THE SYNOD OF ULSTER.
f KB pressure of prior business at the meeting of the 17th of July, compelled a postpone-
ment of the motion of Mr. O'Connell, relative to the Presbyterian Synod of Ulster. Ou the
•ucceeding Saturday, he, however, brought it forward.
He said he had to call on the Board to carry out their inten-
tion of thanking that very important body, the Synod of Ulster,
for the late vote of the members composing it, in favour of reli
gious liberty. The learned gentleman (say the reports of the
Post »nd Freeman,} prefaced the motion by a speech cf some
length, and delivered it with his wonted eloquence. Hs touched
upon a variety of topics, having reference to or bearing u pon
the subject matter of his motion. The late decision of the Synod
of Ulster he considered perfectly unanimous, for the eight indi-
viduals who had opposed, have since that time declared, that in
sentiment and feeling, they were in perfect accordance with the
majority.
He looked upon it LS one of the most important, auspicious,
and gratifying events which had occured for a considerable
period. Divisions had ever been the ruin of Ireland ; they yet
pursued and scourged her -} but the declaration qf the Synod of
Ulster, in favour of religious liberty, was an earnest ho hoped,
fjr ^he banishment of them from amongst us in future. It was
not to be expected, however, that an evil, which had not only
been suffered to exist, but had actually been encouraged, and, in
consequence, had grown to a melancholy extent indeed, should
ba all at once overcome.
The Synod of Ulster had done their part. They had set. a
noble example ; let it be met by a corresponding spirit, and be
imitatad throughout the country.
The enemies of Ireland having had long experience of the
efficacy of divisions in forwarding their purposes, had never lost
sight of promoting them. There were two sorts of divisions,
which were peculiarly fatak and should be guarded against with
DANIEL O'CONNELL, ESQ., M.P. 239
the utmost care. Oiae — the lesser kind — was, divisions amongst
the Catholics themselves ; the other — and the greater — was, that
which would separate the Presbyterian, the Quaker, and all the
other numerous classes of Dissenters from the Catholics, and
from each other.
With respect to the first kind of division, he was proud to say,
that the great body of the Irish Catholics were unanimous in
their determination to knock at the gate of the temple of liberty,
and temperately, but firmly, and with the port of men, demand
admittance. Knowing this to be the spirit which animated the
body, he was prepared to say, that if any Catholic, no matter
what were his rank and property, seceded from them, he only
made an outlaw of himself, and inflicted no injury upon the cause.
And with respect to the second kind of division, the declara-
tion of the Synod of Ulster was a gratifying proof} that good-
sense, reason, and patriotism were beginning to. triumph over
the distractions which had so long disfigured Ireland.
It was with pain he found himself compelled to say that many
of the clergy of the Established Church were very hostile to the
just claims of their fellow-countrymen and fellow-Christians,
who sought liberty to worship God according to the dictates of
their consciences. This was particularly observable during the
late elections. Wheresoever a gentleman, whose principles were
tolerant, appeared as a candidate, he was sure to be encountered
by a host of the votes of the clergy. Dr. St. Lawrence and
that galloping, preaching gentleman, his son, were proofs of this
when, at Cork, they strenuously opposed Mr. Hely Hutchinson.
It was true, there were many illustrious exceptions which only
proved the general rule.
It was gratifying, however, to remark, that this illiberality was
confined to the clergy, and even amongst them to, the beneficed
:>nes. The laity — the respectable and uninfluenced laity —were
all favourable to the rights of their fellow -men and fellow-sub-
jects ; but, while this afforded matter for warm congratulation,
it was impossible to avoid regretting, that the practice of the
Established clergy should be so widely different from those, doc-
trines of peace and charity which they are so liberally paid for
teaching. He was willing to hope, notwithstanding all that
could be done, their efforts and the efforts of those who set them
in motion, would prove ineffectual ; that every odious distinction
would be obliterated ; and that every man in this country would
be ambitious for one title, and one title only, that of
(Loud cheering.)
240 SELECT SPEECHES OF
The Synod of Ulster talks of the constitution. He perfectly
agreed with the Synod, in what it had said in that respect. All
he required, all the Catholics required, was JSmanci/. ation to the
extent of the constitution ! — Emancipation agreeable to the prin-
ciples of the revolution I Those principles were plain, indisput-
able, and well understood — they were liberty to the people to
rhoose their own religion and their governors. The Catholics
merely seek religious freedom. The revolutionists changed their
king, because he was not of the religion of the people, and re-
fused to be governed by any person who' would not adopt that
religion. The Catholics, however, seek no such change, and no-
thing beyond what he had said.
He had but one observation more. The great object of his
life, and that which he had in view at present, was to defeat and
put down any man who should attempt to excite discontent, or
disloyalty, or disunion amongst the people. Union and har-
mony were the great and healing balsams which he wished and
uoped to see applied to the wounds of his country.
TRIAL OF JOHN MAGEK.
ON Monday, the 26th of July, the case of the King v JJagee was again called on.
Mr. O'Connell addressed the Court at its sitting.
TRIAL OF JOHN MAGEE,
Proprietor of the Dublin Evening J'vsL fur a libel against his Grace the Duke of Richmond
King's Bench, July 26, 181&
The court of King's Bench was yesterday morning crowded at an early hour, by the inte
nut excited in this case, which had been twice postponed, 011 account of the absence, a,«
the affidavits of the traverser stated, of witnesses material to his defence. The Chief Jus-
tice entered the court soon after eleven o'clock, and the Clerk of the Crown \\as proceed-
ing to call over the panel, when Mr. O'Connell, one of the traverser's counsel, rose and
ipoke as follows :—
My lord, I am to apply to your lordship to postpone this trial
to the first nisi prius day of next term, in consequence of the
absence of two witnesses material for the traverser's defence ; and
1 can undertake to state, with confidence, that if your lordship
grant this application, those witnesses will be in attendance at
that time ; my application is grounded on three affidavits, and
is opposed by one on the part of the Grown, by which I find
there is the same anxiety to try Magee in the absence of his wit-
nesses, as prevailed on the former occasions ; in the affidavits of
PAN1KL O'COXNELL, ESQ., M.P. 241
Mr. Magee, one of the :28th of May, and the other of the 5th of
July, it was stated that Mr. W. Pole, Sir C. Saxton, and Mr.
Fitzgerald were important witnesses ; the latter gentleman is in
attends 'ice, but the two former not ; and if the Court before
agreed to postpone, on account of their absence, the same cause
now operates, and we come now with stronger documents than
before ; "or we have the affidavit of service of two subpoenas ad
testijicjndum, and the affidavit of the English agent will be pro-
duced to prove he transmitted £30 British, as viaticums for Mr.
Pole and Sir Charles Saxton.
ALU what says the affidavit of the Crown Solicitor "? Why
that a letter was received from C. Saxton, stating that he had
not received his viaticum. How frivolous is it to talk of .£15
preventing a high-minded gentleman doing justice between party
and party ; it is sworn by the process-server that he believes it
was sent to the lodging-house in which Sir. C. Saxton lived and
where he learned that Sir Charles had set off for Ireland ; the
viaticum would have been personally paid if there had been per-
sonal attend* ice. Mr. Magee further swears that he wil] apply
to the Court of King's Bench in England, for attachments ibr not
obeying your lordship's process.
Chief Justice — That attachment issues on certificate from this Court that a viaticum
was tendered.
Mr. O'Connell. — The only certificate, I believe, my lord, re-
quired, is a certificate of non-attendance. The process-server
was informed thai iSii Charles had set out for Ireland, and if his
servant told a falsehood, why should Mr. Magee suffer 1 Mr.
Kemmis makes affidavit of a letter from Sir Charles, and only
presents us with a fragment of it ; is it not strange he did not
vrite to Mr. Magee's »gent instead of the agent for the prococu-
tion ? The letter is written not to the person who wanted his
evidence, bu* to the person that did not. Mr. Fitzgerald did
not send his excuse, but wrote to the agent of the traverser.
Were we to hunt all over England for Sir Charles to give him
his viaticum personally ? We have the letter of the English
agent who is now in court, whose affidavit will be sworn before
this trial shall have proceeded, and in which' he states that he
believes the viaticum was received. Consider, my lord, the great
severity it would be to try a man in Ireland, while his witness
is in England.
Mr. W. Pole, it is true, has no residence in Ireland, although
fore presents an Irish county, and I am sure (said Mr, O'CotinelJ)
ne would not peddle about fifteen pounds; if there had been an}
negligence upon the part of the traverser, his application would
conie with a bad grace, but he has done everything in his power
to induce the attendance of his witnesses ; two fresh subpoenas
hare been served ; and I should hope the case of the Chevalier
D'Eon, reported in Surrowes, will not be here debated ; in that
case the witnesses were in France, and no chance of their coming
over; but the obstacle to the attendance of our witnesses is now
done away ; they were, at the time of former applications, at-
tending their duty in parliament; but that cause, which, I allow
a legal one, is now done away ; up to Thursday last* their absence
is accounted for, and we can now proceed to enforce their at-
tendance, so that there is little doubt of their being present ou
the day this trial will stand for, if your lordship grant this ap-
plication. Being now in possession of Sir Charles- Saxton's last
excuse, the non-receipt of the viaticum, that shall be obviated,
and that it has not been caused by the default of Mr. Magee, Mr.
Menzie's affidavit will clearly evince. And as former postpone-
ments took place on weaker grounds, I should hope this appli-
cation will be allowed. Mr. Kemniis cannot say he believes Mr.
Magee intends to escape from justice ; he sets out a letter of Sir
C. Saxton, and does not swear that he believes it ; by the post-
ponement, a failure of justice cannot ensue, but great injustice
may be done if traverser be obliged to go to trial, in the absence
of his witnesses.
Chief Justice.— Do you consent Mr. Attorney -General ?
Attorney-General— By ho means, my lord; two of the persons formerly absent arc now
present, and further postponement would be but a mockery of justice.
Mr. Wallace.— There is nothing to justify the expressions of a mockery of justice; this if
not an application to postpone the punishment, but one to the discretion of the Court tv
postpone the trial. Mr. Magee may be guilty of the libel, but until proved so. he is to be
considered innocent; the Crown cannot suffer by the delay, for judgment cannot be had
Uil next term.
Chief Justice.— Let me see the affidavits.
Mr. Wallace. — I am glad your lordship has looked Into the affidavits; they contain the
usual ground for postponing the trial, that justice cannot be done if the trial proceeded in
the absence of traveler's witnesses; and am I not at liberty to assume that Sir C. Saxton
to a material witness, when it has not 'oeeu contravened by the affidavit on the other side?
It would be miserable special pleading to say, that because the money was not actually pat
into Sir C. Saxton's pocket, although lie was on his way to Ireland, that, therefore, he is
justified m acting as if no viaticum at all had been sent to him. I am sorry he conceived
a viaticum at all necessary. Two of the witnesses, the Attorney-General states, have ar-
rived, but we made no compromise to go to trial in the absence of the others. I shall not
trouble your lordship ut greater length; but the cardinal fact in our case ii, we havu the
best grounded hope that he will attend on the day we have applied to flx the trial for
Chief Justice.— This case conies before me like any other cause at nifi prius, and I w'll
M.L in il as I would o» circuit. The Judge caunot say-I will not try it ; let the yaw prtweciit'
DANIEL UOONNELL, ESQ., M.P» 243
inp proceed at Li s peril; because two postponements hav liken plaio ucfore the Court,
ib It to be argued that, therefore, a third shall ? There is no fact either stated in the affi-
davit or by counsel, by which the Court can judge of the materiality of the absent wit-
ness ; one of them says he would have attended if he had received a proper viaticum ; that
which is spoken of would not be sufficient to bring persons of their rank half way. I cannot
consent to postpone the trial, but let the prosecutor proceed at his own risk.
it'.. Townsend cited the case of the King against Finney, which afterwards went to the
tv. vlve judges, and in that case there was no postponement
Mr. O'Connell — Mr. Attorney- General will proceed, if he please; but it would be a mock-
ery /justice to consent to go on in the absence of our witnesses.
Attorney-General, — My lord, it is most important that jurors should attend when sum-
moned.
Chief Justice— They have been called on £50 fines. Here a long delay took place for
•want of jurors.
Mr. O'Connell— I am desired by Mr. Magee to state, that if the postponement sliiill be
allowed, proper viaticums shall be sent.
Attorney-General — I cannot consent, as I feel confident delay is the only object in view.
Mr. O'Connell — We differ in opinion with Mr. Magee ; we do not wish to appear if Cie
trial proceed, but we yield to his wish that we should. A further delay took place.
Mr. Finlay, in a very nervous manner, then said— My lord. I think it extremely unrea-
sonab'e, since they won't wait for our witnesses, that we should wait for their jury. (A
general laugh.)
iir. Attorney- Gen era! — My lord, there are but eleven jurors in attendance, we, therefore
pray a tales ; we would, however, rather have the panel, if your lordship will wait a short
time.
Mr. O'Conuell — My lord, I am to pray to quash the panel. This is a trial by nisi prrm
and yet the panel is different from the nisi prius one ; there are but twenty-four numeu.
instead of thirty-six, and the 29th of Geo. II., cap. 6, includes the case of the King a^uhitt
Magee, as well as other trials at nisi prim ; the third section enacts, that any shenn" or
other officer, shall annex the Christian names, «fcc., of the persons returned, who shuil be
In number thirty-six, and that they shall try all the cases at nisi prius ; the sherilf has
acre returned the centre, and has not returned thirty-six names ; twenty-four only being
returned ; the words of the statute are express ; the only doubt is, whether criminal case*
are included; it may be said that party and party include the King; the third section is a
positive enactment; the first section has these words, "per mtditatein lingua," which is
only applicable to criminal cases, as there is no such thing in civil cases.
Chief Justice— This appears, reading the statute, to apply to the assizes.
Mr. O'Connell— And nisi prius also
Chief Justice— I don't think it applies to the city of Dublin.
Mr. O'Connell — Then your lordship will make a note of our motion to quash the panel
Now, my lord, we object to the array ; there has been a misdirection of the venire ; before
the statute the proceedings were by distringas alias, and plaries distritigas; the vaiirt
issued in this case has been returned, and remains amongst the records of the court. There
ire, at present, two venires. The Attorney General can appoint triers to try the fact.
Attorney General — They allege there are errors on the record. Your lordship is not sil-
ting here to try the plea roll, but the issue knit between the parties. If there be error on
the record, a writ of error will lie, or a motion may be made to arrest the judgment.
Mr. O'Connell— The nisi prius roll will exhibit the ground of our objection.
Mr. Wallace — We could have no opportunity to challenge the array, if we did not know
o/ the second panel.
Chief Justice — The record is now before me, and I do not see the second venire.
Mr. Townsend— All objections to the array are against the officer himself, but this is fw
Itoe C ourt above, and not to be considered as nisi ptius.
Attorney-General — If there be any error on the record, this is not the place to amcnc. ,t
Jtt. Wallace— We contend fox it; we are not to be tried by the second jury
L'44 SELECT SPEECHES OP
The Clerk of the Crown then read from the record, the objections pnt In by the trover
so.r's counsel ; they were put in as pleas, and were • substantially : in the first place, that
the panel was returned by che sheriffs, under the denominations (nominations) of the
v i LOIT ey -General ; that the panel did not contain truth ; and that a diitringe did not issue
iio the first vtnire. The Attorney -General then, ore <emw, joined issue on the first, and
•econd plea, and demurred to the third. Triers were then appointed— Messrs. Hey lam!
and Hamilton.
WILLIAM GOFF, Esq., examined by Mr. O'ConneiL
X> you know Joseph Goff?
I Jo.
Is he not one of the persons returned on this panel ?
1 believe 20 •
Mr. O'Conr.ell— My lord, we are going to prove that this person, not having any other
farour to ask of the government, expressed a wish to be always employed as a juror in
cases where the Crown was a party ; such expressions would warrant a conclusion that hi*
name now appeared on the panel in consequence of his own wishes, and in violation, there-
fore, of the impartiality necessary in tne formation of juries. The reason why we did not
produce the person himself, is upon the general principle that no man is bound to crimi
nate himself. If Crown influence be proved, it will affect the Attorney-General, as identi
:ietl with the officers of the Crown.
This challenge was, after some discussion, disallowed, as the Court would not admit heur-
w»y evidence on the point.
The following wore the jury, as finally swam.
LeUuid Crosthwaltu, Martin Keene,
Thomas Andrews, Benjamin .barley,
Bladen Swiney, William Watson,
Richard Palmnr, William Walsh,
Thomas Kochfort, Ki?hard Cooke,
Alexander Montgomery, Edward Clibborne.
J4r. Kemmls then opened the indictment, and the Attorney-General followed.
The nature of his speech will be readily gathered from Mr. O'Coiinell's reply, which hat
been generally considered one of his greatest bar efforts, and which we now proceed to
give.
It was on Tuesday, 27th July, the sacond day of the proceedings, that he was called upon
to speak. We quote the ample report \A :ho Evening J'ott.
At eleven o'clock, the Chief Justice took hi* seat in the court, which was crowded from
an early hour, public expectation being much excited and interested, with respect tc the
proceedings and iss .e of the day.
Mr. O'Connell '-ose and spoke as fciilows :—
I consented to the adjournment yesterday, gentlemen of the
jury, from that impulse of nature which compels us to postpone
pain; it is, indeed, painful to me to address you; it is a cheer-
less, a hopeles^ task to address you — a task which would require
all the animation and interest to be derived from the working
of a mind fully fraught with the resentment and disgust created
in mine yesterday, by that farrago of helpless absurdity with
which Mr. Attorney- General regaled you.
But I am now not sorry for the delay. Whatever I may have
lost in vivacity, I trust I shall compensate for in discretion.
That which yesterday excited my anger, now appears to roe to
D4.N1EL O'COIfNEIAj, ESQ., M.P. 245
be an object of pity; and that which then roused my indigna-
tion, now only moves to contempt. I can now address you with
feelings softened, and, I trust, subdued; and I do, from my soul,
declare, that I now cherish no other sensations than those which
tnable me to bestow OR the Attorney-General und on his dis-
course, pure and unmixed compassion.
It was a discourse in which you could not discover either
order, or method, or eloquence; it contained very little logic,
and no poetry at all; violent and virulent, it was a confused
and disjointed tissue of bigotry, amalgamated with congenial
vulgarity. He accused my client of using Billingsgate, and he
ar.rr.used him of it in language suited exclusively for that meri-
dian. He descended sven to the calling of names : he called
'his young gentleman a i( malefactor," a "Jacobin," and a "ruf-
fian." gentlemen of the jury; he called him " abominable," and
"seditious," and "revolutionary," and "infamous," and a "ruf
flan" again, gentlemen of the jury; he called him a "brothe"
keeper," a "pander," "a kind of bawd in breeches," and a "ruf-
fian" a third time, gentlemen of the jury.
1 cannot repress my astonishment, how Mr. Attorney- General
v-ould have preserved this dialect in its native purity; he has
been now for nearly thirty years in the class of polished society ;
he has. for some years, mixed amongst the h^hest orders in the
state ; he has had the honour to belong for thirty years to the
first profession in the world — to the only profession, with the
single exception, perhaps, of the military, to which a high-
minded gentleman could condescend to belong — the Irish bar.
To that bar, at which he has seen and heard a Burgh and a
Duquery ; at which he must have listened to a Burston, a Pon-
;onby, and a Curran; to a bar which still contains a Plunket, .'•.
Ball, and despite of politics, I will add, a Bushe. With this ga-
laxy of glory, flinging their light around him, how can he alone
have remained in darkness? How has it happened, that the
twilight murkiness of his soul, has not been illumined with a
single ray shot from their lustre I Devoid of taste and of ger.ius.
how can he have had memory enough to preserve this origins)!
vulgarity* He is, indeed, an object of compassion, and, from
my inmost soul, I bestow on him my forgiveness, and my boun-
teous pity.
But not for him alone should compassion be felt, ilecollect,
that upon his advice — that with him, as the prime mover and
instigator of those rash, and silly, find irritating measures, of
the last five years which have afflicted and distracted this lorn*
246 SELECT SPEECHES OP
suffering country have originated — with him they have all ori-
ginated. Is there not then compassion due to the millions,
whose destinies are made to depend upon his counsel? Is there
no pity to those who, like me, must know that the liberties of the
tenderest pledges of their affections, and of that which is dearer
still, of their country, depends on this man's advice 1
Yet, let not pity for us be unmixed ; he has afforded the con-
solation of hope ; his harangue has been heard ; it will be re-
ported— I trust faithfully reported ; and if it be but read in
England, we may venture to hope that there may remain just so
much good sense in England as to induce the conviction of the
folly and the danger of conducting the government of a brave
and long-enduring people by the counsels of so tast<4ebo and
talentless an adviser.
See what an imitative animal man is \ The sound of ruffian
— ruffian — ruffian, had scarcely died on the Attorney-General's
lips, when you find the word honoured with all the permanency
of print, in one of his pensioned and well-paid, but ill-read news-
papers. Here is the first line in the Dublin Journal of thte
day : — " The ruffian who writes for the Freeman's Journal.'
Here is an apt scholar — he profits well of the Attorney- General's
tuition. The pupil is worthy of tne master — the master is just
suited to the pupil.
I now dismiss the style and measure of the Attorney- Gene-
ral's discourse, and I require your attention to its matter. That
matter I must divide, although with him there was no division,
into two unequal portions. The first, as it was by far the greater
portion of his discourse, shall be that which was altogether inap-
plicable to the purposes of this prosecution. The second, and
infinitely the smaller portion of his speech, is that which related
to the subject matter of the indictment which you are to try.
He has touched upon and disfigured a great variety of topics.
I shall follow him at my good leisure through them. He has
invited me to a wide field of discussion. I accept his challenge
with alacrity and with pleasure.
This extraneous part of his discourse, which I mean first to.
discuss, was distinguished by two leading features. The first,
consisted of a dull and reproving sermon, with which he treated
my colleagues and myself, for the manner in which we thought
fit to conduct this defence. He talked of the melancholy exhi-
oition of four hours wasted, as he said, in frivolous debate, and he
obscurely hinted at something like incorrectness of professional
conduct He has not ventured to speak out, but I will. I shall
DANIEL O'CONNELL, ESQ., M.P. 247
say nothing for myself ; but for my colleagues — my inferiors in
professional standing, but infinitely my superiors in every talent
and in every acquirement — my colleagues, whom I boast as my
friends, not in the routine language of the bar, but in the sin-
cerity of my esteem and affection ; for my learned and upright
colleagues, I treat the unfounded insinuation with the most con-
temptuous scorn !
All I shall expose is the utter inattention to the fact, which,
in small things as in great, seems to mark the Attorney- General's
Career. He talks of four hours, Why, it was past one before
the last of you were digged together by the Sheriff, and the At-
torney-General rose to address you before three. How he could
contrive to squeeze four hours into that interval, it is for him to
explain ; nor should I notice it, but that it is the particular pre-
rogative of dulness to be accurate in the detail of minor facts, ?,o
that the Attorney- General is without an excuse, when he departs
from them, and when for four hours, you have had not quite two.
Take this also with you, that we assert our uncontrollable right
to employ them as we have done ; and as to his advice, we nei-
ther respect, nor will we receive it ; but we can afford cheerfully
to pardon the vain presumption that made him offer us counsel.
For the rest, he may be assured that we will never imitate his
example. We will never volunteer to mingle our politics, what-
ever they may be, with our forensic duties. I made this the
rigid rule of my professional conduct ; and if I shall appear to
depart from this rule now, I bid you recollect that I am com-
pelled to follow the Attorney-General into grounds which, if he
had been wise, he would have avoided.
Yes ; I am compelled to follow him into the discussion of his
conduct towards the Catholics. He has poured out the full vial
of his own praise on that conduct — praise in which, I can safely
assure him, he has not a single unpaid rival. It is a topic upon
which no unbribed man, except himself, dwells. I admit the dis-
interestedness with which he praises himself, and I do not envy
him his delight, but he ought to know, if he sees or hears a word of
that kind from any other man, that that man receives or expects
compensation for his task, and really deserves money for his la-
bour and invention.
My lord, upon the Catholic subject, T commence with one as-
sertion of the Attorney- General, which I trust 1 misunderstood.
He talked, as I collected him, of the Catholics having imbibed
principles of a seditious, treasonable, and revolutionary nature !
He seemed to me, most distinctly, to charge us with treason !
248 SELECT SPEECHES OP
There is no relying on his words for his meaning — I know
is not. On a former occasion, I took down a repetition of this
charge full seventeen times on my brief, and yet, afterwards, it
turned out that he never intended to make any such chai-ge :
that he forgot he had ever used those words, and he disclaimed
the idea they naturally convey. It is clear, therefore, that upon
this subject he knows not what he says ; and that these phrases
•are the mere flowers of his rhetoric, but quite innocent of any
meaning !
Upon this account I pass him by, I go beyond him, and I con-
tent myself with pir claiming those charges, whosoever may make
them, to be false and base calumnies ! It is impossible to refute
such charges in the language of dignity or temper. But if any
» man dares to charge the Catholic body, or the Catholic Board, or
any individuals of that Board with sedition or treason, I do here,
I shall always in this court, in the city, in the field, brand him
as an infamous and profligate liar f
Pardon the phrase, but there is no other suitable to the occa-
sion. But he is a profligate liar who so asserts, because he mu^t
know that the whole tenor of our conduct confutes the assertion.
What is it we seek ?
Chief Justice— What, Mr. O'Connell, can this have to do with the question which the
jury are to try ?
Mr. O'Conneil. — You heard the Attorney-General traduce and
calumniate us— you heard him with patience and with temper —
listen now to our vindication I
I ask, what is it we seek ? What is it we incessantly and, if
you please, clamorously petition for ? Why, to be allowed to
partake of the advantages of the constitution. We are earne jtly
anxious to share the benefits of the constitution. We look to
the participation in the constitution as our greatest political
blessing. If we desired to destroy it, would we seek to share it?
If we wished to overturn it, would we exert ourselves through
calumny, and in peril, to obtain a portion ot'its blessings? Strange
inconsistent voice of calumny ! You charge us with intemperance
in cur exertions for a participation in the constitution, and you
charge us at the same time, almost in the same sentence, with a
.lesign to overturn that constitution. The dupes of your hypo-
crisy may believe you ; but base calumniators, you do not, you
cannot believe yourselves !
The Attorney-General — "this wisest and best of men" as his
colleague, the Solicitor-General, called him in his presence— the
,, MQ., M.P. 24 i)
Attorney-General next boaster of his triumph ever Pope and
Popery — " I put down the Catholic Committee ; I will put down,
at my good time, the Catholic Board." This boast is partly his-
torical, partly prophetical. He was wrong in his history — lie is
quite mistaken in his prophecy. He did not put down the Ca-
tholic Committee — we gave up that name the moment that it
was confessedly avowed, that this sapient Attorney- General's po
lemica-legal controversy dwindle. I into a mere dispute about
words. He told us th.it in tha English language "pretence"
means purpose ;" had it been French and not English, we might
have been inclined to respect his judgment, but in p oint of Eng-
lish we venture to differ with him; we told him •' purpose," good
Mr. Attorney- General, is just the reverse of "pretence." The
quarrel grew warm and animated ; wa appealed to common sense,
to the grammar, and to the dictionary ; common sense, grammar,
and the dictionary decided in our favour. He brought his ap-
peal to this court, your lordship, and your brethren, unanimous] y
decided that, in point of of law — mark, mark, gentlemen of the
jury, the sublime wisdom of law — the court decided that, in point
of law, "pretence''' docs mean "purpose !"
1" utly contented with t.his very reasonable and more satisfactory
decision, there still remained a matter of fact between us : the
Attorney-General charged ns with being representatives; we de-
nied all representation. He had two witnesses to prove the fact
Tor him ; they swore to it one way at one trial, and directly the
r ther way at the next. A a honourable, intelligent, and enlight-
ened jury disbelieved those witnesses at the first trial — matters
were better managed at the second trial — the jury were better
ir ranged. I speak delicately, gentlemen ; the jury were better
.vrran&e,J, as the witnesses were better informed ; and, accordingly,
there was one verdict for us on the representative question, and
one verdict against us.
You know the jury that found for us ; you know that it was
Sir Charles Saxton's Castle-list jury that found against us. Well,
the consequence was, that, thus encouraged, Mr. Attorney-Geiie-
tal proceeded to force. We abhorred tumult, and were weary o*
litigation ; we new-modelled the agents and managers of the Ca-
tholic petitions ; we formed an assembly, respecting which there
e«.mld not be a shadow of pretext for calling it a representative
body. We disclaimed representation ; and we rendered it im-
possible, even for the virulence of the most malignant law-ofS-
cer living, to employ the Convention Act against us — that, even
upon th« Attorney-General's own construction, requires repreaen-
R
250 SELECT SPEECHES
as an ingredient in the offence it prohibits. He cannot
possibly call us representatives ; we are the individual servants
of the public, whose business we do gratuitously bat zealously.
Our cause has advanced even from his persecution — and this he
culls putting down the Catholic Committee !
Next, he glorifies himself in his prospect of putting down the
CathoHc Board. For the present, he, indeed, tells you, that
much as he hates the Papists, it is unnecessary for him to crush
our P'>ard, because we injure our own cause so much. He says
that \V3 are very criminal, but we are so foolish that our folly
serves as a compensation for our wickedness. We are very
wicked and very mischievous, but then we are such foolish little
criminals, that we deserve his indulgence. Thus he tolerates
•{fences. because of their being committed sillily ; and, indeed,
we give him so much pleasure and gratification by the injury we
do our own cause, that he is spared the superfluous labour of im-
peding ^ur petition by his prosecutions, fines, or imprisonments.
He expresses the very idea of the Roman Domitian, of whom
*ome of you possibly may have read ; b? amused his days in tor-
turing men — his evenings he relaxed in the humble cruelty of
impaling flies. A courtier caught a fly for his imperial amuse-
ment — "Fool," said the emperor, "fool, to give thyself the trouble
of torturing an animal that was about to burn itself to death in
the candle !" Such is the spirit of the Attorney-General's com-
mentary on our Board. Oh, rare Attorney- General ! — Oh, best
and wisest of men ! ! !
But, to be serious. Let me pledge myself to you that he im-
poses on you, when he threatens to crush the Catholic Board.
*1 legal violence may do it — force may effectuate it; but your
hopes and his will be defeated, if he attempts it by any course
jf law. I am, if not a lawyer, at least, a barrister. On this
.object I ought to know something, and I do not hesitate to con-
tr:i%ct the Attorney-General on this point, and to proclaim to
you and to the country that the Catholic Board is perfectly a
legal assembly — that it not only does not violate the law, but
that it is entitled to the protection of the law, and in the very
proudest tone of firmness, I hurl defiance at the Attorney-
General !
I defy him to allege a law or a statute, or even a proclamation
that is violated by the Catholic Board. No, gentlemen, no ; his
religious prejudices — if the a'./sence of every charity can be
called anything religious — \\\s religious prejudices really obscure
e.is reason, his bigoted intolerance has totally darkened hi& un-
DANIEL O'COKNELL, ESQ., M.P. 25 1
Aerstanding, and he mistakes the plainest facts and misquotes
the clearest law, in the ardour and vehemence of his rancour.
1 disdain his moderation — I scorn his forbearance — I tell him he
jmows not the law if he thinks as he says ; and if he thinks so,
I tell him to his beard, that he is not honest in not having sooner
prosecuted us, and I challenge him to that prosecution.
It is strange — it is melancholy, to reflect on the miserable and
mistaken pride that must innate him to £alk as he does of the
Catholic Board. The Catholic Board is composed of men — I
include not myself — of course, I always except myself — every
way his superiors, in birth, in fortune, in talents, in rank. What !
is he to talk of the Catholic Board lightly 1 At their head is
the Earl of Fingal, a nobleman whose exalted rank stoops be-
neath the superior station of his virtues-— whom even the venal
minions of j^ower must respect. We are engaged, patiently and
perseveringly engaged, in a struggle through the open channels
of the constitution for our liberties. The son of the ancient
earl whom I have mentioned cannot in his native land attain any
honourable distinction of the state, and yet Mr. Attorney- Gene
ral knows that they are open to every son of every bigoted ana
intemperate stranger chat may settle amongst us.
But this system cannot last ; he may insult, he may calumv
niate, he may prosecute ; but the Catholic cause is on its ma-
'estic march ; its progress is rapid and obvious ; it is cheered in
its advance, and aided by all that is dignified and dispassionate
— by everything that is patriotic — by all the honour, all the
integrity of the empire ; and its success is just as certain as the
return of to-morrow's sun, and the close of to-morrow's eve.
" We will — we must soon be emancipated, in despite of the
Attorney- General, aided as he is by his august allies, the alder-
men of Skinner's-alley. In despite of the Attorney- General
and the aldermen of Skinner's-alley, our emancipation is certain,
and not distant.
I have no difficulty in perceiving the motive of the Attorney-
General, in devoting so much of his medley oration to the
Catholic question, and to the expression of his bitter hatred to
us, and of his determination to ruin our hopes. It had, to be
sure, no connection with the cause, but it had a direct and natural
connection with you. He has been, all his life, reckoned a man
of consummate cunning and dexterity ; and whilst one wonders
that he has so much exposed himself upon those prosecutions,
uiid accounts for it by the proverbial blindness of religious zeal,
it is still easy to discover much of his native cunning and dex-
252 SELECT SFEfcOHES OF
terity. Gentlemen, he thinks he knows his men — he knows
you ; many of you signed the no- Popery petition ; he heard one
of you boast of it ; he knows you would not have been sum-
moned on this jury, if you had entertained liberal sentiments ;
he knows all this, and, therefore, it is that he, with the artifice
and cunning of an experienced nisi prius advocate, endeavours
to win your confidence, and command your affections by the
display of his congenial illiberality and bigotry.
You are all, of cou"rse, Protestants ; see what a compliment he
pays to your religion and his own, when he endeavours thus to
procure i verdict on your oaths ; when he endeavours to seduce
you to what, if you were so seduced, would be perjury, by in-
dulging your prejudices, and flattering you by the coincidence
of his sentiments and wishes. Will he succeed, gentlemen?
Will you allow him to draw you into a perjury out of zeal for
your religion? And will you violate the pledge y6u have given
to your God to do justice, in order to gratify your anxiety for the
ascendancy of what you believe to be his church? Gentlemen,
reflect on the strange and monstrous inconsistency of this con-
duct, and do not commit, if you can avoid it, the pious crime of
violating your solemn oaths, in aid of the pious designs of the
Attorney- General against Popery.
Oh, gentlemen ! it is not in any lightness of heart I thus ad-
dress you — it is ratner in bitterness and sorrow; you did not
expect flattery from me, and my client was little disposed to
offer it to you ; besides, of what avail would it be to flatter, if
you came here pre-determined, and it is too plain that you are
not selected for this jury from any notion of your impartiality ?
But when I talk to you of your oaths and of your religion, I
would full fain I could impress you with a respect for both the
one and the other. I, who do not flatter, tell you, that though
I do not join with you in belief, I have the most unfeigned re-
spect for the form of Christian faith which you profess. Would
that its substance, not its forms and temporal advantages, were
deeply impressed on your minds! then should I not address you
in the cheerless and hopeless despondency that crowds on my
mind, and drives me to taunt you with the air of ridicule I do.
Gentlemen, I sincerely respect and venerate your religion, but I
despise and I now apprehend your prejudices, in the same pro-
portion as the Attorney- General has cultivated them. In plain
truth, every religion is good — every religion is true to him who,
in his due caution and •onscience, believes it. There is but one
bad religion, that of a tin who professes a faith which he does
DANIEL OOONNELLj ESQ., M.P. 25^
not believe ; but the good religion may be, and often is, cor-
rupted by the wretched and wicked prejudices which admit a
difference of opinion as a cause of hatred.
The Attorney- General, defective in argument — weak in hit
cause, has artfully roused your prejudices at his side. I have;
on the contrary, met your prejudices boldly. If your verdict
shall be for me, you will be certain that it has been produced
by nothing but unwilling conviction resulting from sober and
satisfied judgment. If your verdict be bestowed upon the arti-
fices of the Attorney-General, you may happen to be right ; but
do you not see the danger of its being produced by an admixture
of passion and prejudice with your reason? How difficult is it
to separate prejudice from reason, when they run in the same
direction. If you be men of conscience, then I call on you to
listen to me, that your consciences may be safe, and your reason
alone be the guardian of your oath, and the sole monitor of your
decision.
I now bring you to the immediate subject of this indictment.
Mr. Magee is charged with publishing a libel in his paper called
the Dublin Evening Post. His lordship has decided that there
is legal proof of the publication, and I would be sorry you thought
of acquitting Mr. Magee under the pretence of not believing that
evidence. I will not, therefore, trouble you on that part of the
case ; I will tell you, gentlemen, presently, what this publication
is ; but suffer me first to inform you what it is not — for this 1
consider to be very important to the strong, and in truth, trium-
phant defence which my client has to this indictment.
Gentlemen, this is not a libel on Charles Lennox, Duke of
Richmond, in his private or individual capacity. It does not
interfere with the privacy of his domestic life. It is free from
any reproach upon his domestic habits or conduct ; it is perfectly
pure from any attempt to traduce his personal honour or inte*
grity. Towards the man, there is not the least taint of malig-
nity ; nay, the thing is still stronger. Of Charles Duke of Ricb
mond, personally, and as disconnected with the administration
of public affairs, it speaks in terms of civility and even respect.
It contains this passage which I read from the indictment : —
" Had he remained what he first came over, or what he after-
wards professed to be, he would have retained his reputation for
honest open hostility, defending his political principles with firm-
ness, perhaps with warmth, but without rancour; the supporter
and not the tool of an administration ; a mistaken politician,
perhaps, but an honourable man and a respectable soldier."
254 SBLBUTT SPEECHES OF
The Duke is here in this libel, my lords— in this libel, gentle
men of the jury, the Duke of Richmond is called an honourabl
tt and a respectable soldier! Could more flattering expres-
sTons be invented! Has the most mercenary Press that ever
vet existed, the mercenary Press of this metropolis, contained
in return for all the money it has received, any praise which
ought to be so pleasing— "an honourable man and a reaped
able soldier T I do, therefore, beg of you, gentlemen, us yov
value your honesty, to carry with you in your distinct recollec-
tion, this fact, that whatever of evil this publication may con-
tain, it does not involve any reproach against ithe Duke of Rich-
mond IL any other than in his public and official character
I have, gentlemen, next to require you to take notice, that
this publication is not indicted as a seditious libel. The word
seditious is, indeed, used as a kind of make-weight m the intro-
ductory part of the indictment. But mark, ana recollect, that
this is not an indictment for sedition. It is not then, for pri-
vate slander, nor for any offence against the constitution, that
Mr Magee now stands arraigned before you.
In the third place, gentlemen, there is this singular feature m
this case, namely-that this libel, as the prosecutor calls it, is
not charged in this indictment to be " false.
The indictment has this singular difference from any other
Aave ever seen, that the assertions of the publications are not even
^Tty'have^ot'had the courtesy to you, to state upon record,
that these charges, such as they are, were contrary to the i
This I believe to be the first instance in which the allegation of
falsehood has been omitted. To what is this omission to be at-
tributed? Is it that an experiment is to be .mode, how much
further the doctrine of the criminality of truth can be drawn?
Does the prosecutor wish to make another bad precedent? or is
Tin contempt of any distinction between truth and falsehood
th£ this charge is thus framed ; or does he fear that you would
scruple to convict, if the indictment charged that to be false, whicl
y0Howevenh!a°t mayTe, I will have you to remember that you
are now to pronounce upon a publication, the truth of which is nol
introverted. Attend to the case, and you will find you are not
to try Mr. Ma?ee for sedition which may endanger the state, or
for private defamation which m-vy press sorely upon the heart
,.d blast the prospects o uprise amily; and tha the subject
DANIEL O'COXNELL, ESQ., W.P. 255
matter for your decision Is not characterized as false, or described
as untrue.
Such are the circumstances which accompany this publication,
on which you are to pronounce a verdict of guilt or innocence!
. me case is with you ; it belongs to you exclusively to decide it.
His lorship may advise, but he cannot control your decision, and
it belongs to you atone to say whether or not, upon the entire
matter, you conceive it to be evidence of guilt, and deserving of
punishment. The statute law gives or recognises this your right,
and, therefore, imposes this on you as your duty. "The legis-
lative has precluded any lawyer from being able to dictateYe
you. The Solicitor-General cannot now venture to promulgate
the slavish doctrine which he addressed to Doctor Sheridan's
jury, when he told them, « not to presume to differ from the
Court in matter of law." The law and the fact are lieie the same,
namely— the guilty or innocent design of the publication.
Indeed, in any criminal case, the doctrine of the Solicitor-
General is intolerable. 1 enter my solemn protest against it.
I he verdict which is required from a jury in any criminal case
has nothing special in it— it is not the finding of the fact in the
amrmative or negative— it is not, as in Scotland, that the charge
is proved or not proved. No ; the jury is to say whether the
prisoner be guilty or not; and could a juror find a true verdict,
who declared a man guilty upon evidence of some act, perhaps
praiseworthy, but clearly void of evil design or bad consequences!
I do, therefore, deny the doctrine of the learned gentleman :
it is not constitutional, and it would be frightful if it wore.
.^o judge can dictate to a jury— no jury ought to allow itself to
be dictated to.
If the Solicitor-General's doctrine were established, see what
oppiessive consequences might result, At some future period
some man may attain the first place on the bench, by the repu-
tation which is so easily acquired by a certain degree of church-
wardenmg piety, added to a great gravity, and maidenly deco-
rum of manners. Such a man may reach the bench— for I am
putting a mere imaginary case— HE may be a man without PAS-
MONS, and THEREFORE without VICES; he may, my lord
be a man superfluously RICH, and, therefore, not to be BRIBED
with MONEY, but rendered PARTIAL by his BIGOTRY and
CORRUPTED by his PREJUDICES; such a man, INFLATED
by FLATTERY, and BLOATED in his dignity, may hereafter
uso that character for SANCTITY which has served to promote
ruin, as a sword, to hew dcwn the struggling hbprties of his
12A'6 SELECT SPEECHES OF
country ; such a judge may interfere before trial ! and at the
trial be a PARTISAN !
Gentlemen, should an honest jury — could an honest jury \il
uii honest jury were again found) listen with safety to the dic-
tates of such a judge ? I repeat it, therefore, that the Solicitor-
General is mistaken — that the law does not, and cannot, require
such a submission as he preached ; and at all event s, gentlemec,
it cannot be controverted, that in the present instance, that of an
alleged libel, the decision of all law and fact belongs to you.
I am then warranted in directing to you some observations on
the law of libel, and in doing so, 1 disclaim any apology for the
consumption of the time necessary for my purpose. Gentlemen,
my intention is to lay before you a short and rapid view of the
causes which have introduced into courts the monstrous assertion
— that, truth is crime I
It is to be deeply lamented, that the art of printing was un-
known at the earlier periods of our history. If, at the time the
barons wrung the simple but sublime charter of liberty from a
timid, perfidious sovereign, from a violator of his word, from
a man covered with disgrace, and sunk in infamy — if at the
time when that charter was confirmed and renewed, the Press
had existed, it would, I think, have been the first care of those-
friends of freedom to have established a principle of liberty for
it to rest upon, which might resist every future assault. Their
aimple and unsophisticated understandings could never be brought
to comprehend the legal subtleties by which it is now argued,
that falsehood is useful and innocent, and truth, the emanation
and the type of heaven, a crime. They would have cut with
their swords the cobweb links of sophistry in which truth is en-
tangled ; and they would have rendered it impossible to re-es
tablish this injustice without violating the principle of the con-
stitution.
But in the ignorance of the blessing of a free Press, they coul J
not have provided for its security. There remains, however, at
expression of their sentiments on our statute books. The ancient
parliament did pass a law against the spreaders of FALSE rumourc
This law proves two things — first, that before this statute, it
was not considered a crime in law to spread even a false rumour
otherwise the statute would have been unnecessary; ai^d, secondly,
that in their notion of crime, falsehood was a necessary ingre
lient But here I have to remark upon, and regret the strange
propensity of judges, to construe .the law in favour of tyranny,
mid nrahiBt liberty ; for servile and corrupt juJ#»« so^a
DANIEL O'UOXNELL, ESQ., M.P. 257
that upon the coustruction of this law, it was immaterial whether
the rumours were true or false, and that a law made to punish
false rumours, was equally applicable to the true. .
This, gentlemen, is called CONSTRUCTION; it is just that which,
in more recent times, and of inevitable consequence, from purei
motives, has converted "pretence" into "purpose"
When the art of printing was invented, its value to every
sufferer — its terror to every oppressor, was soon obvious, ana
means were speedily adopted to prevent its salutary effects. Tin
Star-Chamber — the odious Star-Chamber, was either created, or.
at least, enlarged and brought into activity. Its proceedings*
were arbitrary — its decisions were oppressive, and injusti ;e anl
tyranny were formed into a system. To describe it to you in
one sentence, it WAS A PREMATURELY PACKED JURY.
Perhaps that description does not shock you much. Let me
report one of its decisions which will, I think, make its horrors
more sensible to you — it is a ludicrous as well as a roelancholy
instance.
A tradesman — a ruffian, I presume, he was styled — in au
altercation with a nobleman's servant, called the swan, which was
worn on the servant's arm for a badge, a goose. For this offence
-—the calling a nobleman's badge of a swan, a goose, he was
brought before tho Star-Chamber — he was, of course, convicted;
he lost, as I recollect, one of his ears on the pillory — was sen-
tenced to two years' imprisonment, and a fine of £500 ; and all
this to teach him to distinguish swans from geese.
I now ask you, to what is it you tradesmen and merchants
are indebted for the safety and respect you can enjoy in society?
What is it which has rescued you from the slavery in which per-
sons who are engaged in trade were held by the iron barons of
former days? I will tell you; it is the light, the reason, and the
liberty which have been created, and will, in despite of ever^
opposition, be perpetuated by the exertion of the Press.
Gentlemen, the Star-Chamber was particularly vigilant over
the infant struggles of the Press. A code of laws became neces-
sary to govern the new enemy to prejudice and oppression — the
Press. The Star-Chamber adopted, for this purpose, the civil
]?\w, as it is called — the law of Rome — not the law at the periods
of her liberty and her glory, but the law which was promulgated
tdien she fell into slavery and disgrace, and recognised this
principle, that the will of the prince was the rule of the law.
The civil law was adopted by the Star-Chamber as its guide iu
proceedings against, and in nunishing libellers; but, unfortu-
258 SELECT SPEECHES OF
nately, only part of it was adopted, and that, of course, was the
part least favourable to freedom. So much of the civil law ud
assisted to discover the concealed libeller, and to punish bin:
when discovered, was carefully selected ; but the civil law allowed
truth to be a defence, and that part was carefully rejected.
The Star-Chamber was soon after abolished. It was suppressed
by the hatred and vengeance of an outraged people, and it has
since, and until our days, lived only in the recollection of abhor-
rence and contempt. But we have fallen upon bad days and
evil times ; and in our days we have seen a lawyer, long of the
prostrate and degraded bar of England, presume to suggest an
high eulogium on the Star-Chamber, and regret its downfal ;
and he has done this in a book dedicated, by permission, to Lord
Ellenborough. This is, perhaps, an ominous circumstance ; and
as Star-Chamber punishments have been revived — as two years
of imprisonment has become familiar, I know not how soon the
useless lumber of even well-selected juries may be abolished, and
a new Star-Chamber created.
From the Star-Chamber, gentlemen, the prevention and pun-
ishment of libels descended to th* courts of common law, and
with the power they seem to have inherited much of the spirit
»f that tribunal. Servility at the bar, and profligacy on the
oench, have not been wanting to aid every construction un-
favourable to freedom, and at length it is taken as granted and
as clear law, that truth or falsehood are quite immaterial cir-
cumstances, constituting no part of either guilt or innocence
I would wish to examine this revolting doctrine, and, in doing
BO, I am proud to tell you, that it has no other foundation than
in the oft-repeated assertions of lawyers and judges. Its autho-
rity depends on what are technically called the dicta of the
judges and writers, and not upon solemn or regular adjudications
on the point. One servile lawyer has repeated this doctrine,
from time to time, after another — and one overbearing judge ha*
re-echoed the assertion of a time-serving predecessor, and th«
public have, at length, submitted.
I do, therefore, feel, not only gratified in having the occasion,
out bound to express my opinion upon the real law of this sub-
ject. I know that opinion is but of little weight. I have no
professional rank, or station, or talents to give it importance,
but it is an honest and conscientious opinion, and it is this —
thai in the discussion of public subjects, and of the administra-
tion of public men, truth is a duty and not a crime.
You can. at least, under * t.nd my description of the liberty of
DANIEL O'CONNELL. ESQ., M.P. 259
the Press. That of the Attorney- General is as unintelligible
•is contradictory. He tells you, in a very odd and quaint phrase,
that the liberty of the Press consists in there being no previous-
restraint upon the tongue or the pen. How any previous re-
straint could be imposed on the tongue it is for this wisest of
men to tell you, unless, indeed, he resorts to Doctor Lad's pre-
scription with respect to the toothache eradication. Neither
can the absence of previous restraint constitute a free Press, un-
less, indeed, it shall be distinctly ascertained, and clearly de*
fined, what shall be subsequently called a crime. If the crimj
of libel be undefined, or uncertain, or capricious, then, instead oi
the absence of restraint before publication being an advantage,
it is an injury; instead of its being a blessing, it is a curse — it
is nothing more than a pitfall and snare for the unwary. This
liberty of the Press is only an opportunity and a temptation
offered by the law to the commission of crime — it is a trap laid
to catch men for punishment — it is not the liberty of discussing
truth or discountenancing oppression, but a mode of rearing up
victims for prosecution, and of seducing men into imprisonment.
Yet, can any gentleman concerned for the Crown give me a
definition of the crime of libel 1 Is it not uncertain and unde-
fined ; and, in truth, is it not, at this moment, quite subject t«
the caprice and whim of the judge and of the jury ? Is the
Attorney-General — is the Solicitor-General disposed to say other-
wise? If he do, he must contradict his own doctrine, and adopt mine.
But no, gentlemen, they must leave you in uncertainty an<j
doubt, and ask you to give a verdict, on your oath, without fur-
nishing you with any rational materials to judge whethei you
be right or wrong. Indeed, to such a wild extent of caprice
has Lord Ellenborough carried the doctrine of crime in libel,
that he appears to have gravely ruled, that it was a crime to
call one lord " a stout-built, special pleader," although, in point
of fact, that lord was stout-built, and had been very many years
a special pleader. And that it was a crime to call another lord
"a sheep-feeder from Cambridgeshire," although that lord was
right glad to have a few sheep in that county. These are the
extravagant vagaries of the Crown lawyers and prerogative
judges ; you will find it impossible to discover any rational rule
for your conduct, and can never rest upon any satisfactory view
of the subject, unless you are pleased to adopt my description,
"Reason and justice equally recognise it, and believe me, that
genuine law is much more closely connected with justice and
titan SOH>« persons will avow.
!>60 SELECT SPEECHES Of
Gentlemen, you are now apprised of the nature of the alleged
iibel ; it is a discussion upon the administration of public men.
I have also submitted to you my view of the law applicable to
such a publication; we are, therefore, prepared to go into tho
consideration of every sentence in the newspaper in question.
But before I do so, just allow me to point your attention to
the motives of this young gentleman. The Attorney-General
has threatened him with fine and a dungeon; he has told Mr.
Magee that he should suffer in his purse and in his person. Mr.
Magee knew his danger well. Mr. Magee, before he published
this paper, was quite apprised that he ran the risk of fine and
of imprisonment. He knew also that if he changed his tone —
that if he became merely neutral, but especially, if he went over
to the other side and praised the Duke of Richmond — if he had
sufficient gravity to talk, without a smile, of the sorrow of tho
people of Ireland at his Grace's departure — if he had a visage
sufficiently lugubrious, to say so, without laughing, to cry out
"mournfully, oh! mournfully !" for the departure of the Duke of
Richmond — if at a period when the people of Ireland, from
Magherafelt to Dingledecouch, are rejoicing at that departure,
Mr. Magee could put on a solemn countenance and pick up a
grave and narcotic accent, and have the resolution to assert the
sorrow of the people for losing so sweet and civil a Lord Lieu-
tenant— why, in that case, gentlemen, you know the conse-
quences. They are obvious. He might libel certain classes of
his Majesty's subjects with impunity; he would get abundance
of money, a place, and a pension — you know he would. Th«
proclamations would be inserted his paper. The wide-street ad-
vertisements, the ordnance, the barrack-board notices, and tne
advertisements of all the other public boards and offices — you
can scarcely calculate how much money he sacrifices to his prin-
ciples. I am greatly within bounds when I say, at least, £5,000
per annum, of the public money, would reach him if he was to
Alter his tone, and abandon his opinions.
Has he instructed me to boast of the sacrifices he thus makes ?
No, gentlemen, no, no ; he deems it no sacrifice, bxrcause he de-
sires no share in the public plunder; but I introduce this topic
to demonstrate to you the purity of his intentions. He cannot
be actuated, in the part he takes, tiy mean or mercenary motives;
it is not the base lucre of gain that leads him astray. If he be
mistaken, he is, at least, disinterested and sincere. You miy
ciisiike his political opinions, but you cannot avoid respecting
the independence of his principles.
DANIEL OCONNELL, ESQ., M.P. 261
Behold, now, the publication which this man of puro princi-
ples is calloi to answer for as a libel. It commences thus : —
"DUKE OF RICHMOND.
" As the Duke of Richmond will shortly retire from the government
cf Ireland, it has been deemed necessary to take such a review of hii
administration, as may at least, warn his successor from pursuing the
errors of his Grace's conduct.
" The review shall contain jaany anecdotes of the Irish court which
were never published, and which were so secret, that his Grace will not
fail to be surprised at the sight of them in a newspaper."
In thb paragraph there is nothing libellous; it talks of the
errors, indeed, of his Grace's administration ; but I do not think
the Attorney-General will venture to suggest, that the gent.le
expression of "errors," is a libel.
To orr, gentlemen, is human : and his Grace is admitted, by
the Attorney- General, to be bnt a man; I shall waste none of
your time in proving, that we may, without offence, treat of his
"errors." But, this is not even the errors of the man, but of
his administration ; it was not infallible, I humbly presume.
I call your particular attention to the second paragraph ; it
runs thus : —
" If the administration of the Duke of Richmond had been conducted
with more than ordinary talent, its errors might, in some degree have
been atoned for by its ability, and the people of Ireland though they
might have much to regret, yet, would have something to admire ; but
truly after the gravest consideration, they must find themselves at a loss
to discover any striking feature in his Grace's administration, that
makes it superior to the worst of his predecessors."
The Attorney-General dwelt much upon this paragraph, gen-
tlemen, and the importance which he attached to it furnishes a
strong illustration of his own consciousness of the weakness 01
his case. What is the meaning of this paragraph 1 I appeal to
you whether it be more than this — that there has been nothing
admirable in this administration — that there has not been much
ability displayed by it. So far, gentlemen, there is, indeed, no
flattery, but still less of libel, unless you are prepared to say,
that to withhold praise from any administration deserves pu»
ishment.
Is it an indictable offence not to perceive its occult talents/
Why, if it be, find my client guilty of not being a sycophant
\ud a flatterer, and send him to prison for two years, to gratify
l.he Attorney- General, who tells you that the Duke of Richmond
is the best chief governor Ireland ever saw.
262 B13LBCT 8PEBCHKS OP
But the mischief, I am told, lies in the art of the sentence.
Why, all that it says is, that it is difficult to discover the strik-
ing features that distinguish this from bad administrations. It
does not, gentlemen, assert that no such striking features exist,
much less, does it assert that no features of that kind exist, or
that such features, although not striking are not easily discerni-
ble. So that, really, you are here again required to convict 1
man for not flattering. He thinks an administration untalented
and silly ; that is no crime ; he says, it has not been marked
with talent or ability — that it has no striking features ; all this
may be mistaken and false, yet there is nothing in it that resem-
bles a crime.
And, gentlemen, if it be true — if this be a foolish administra-
tion, can it be an offence to say so? If it has had no striking
features to distinguish it from bad administrations, can it be
criminal to say so ? Are you prepared to say, that not one word
of truth can be told under no less a penalty than years of a dun-
geon and heavy fines?
Recollect, that the Attorney-General told you that the Press
was the protection of the people against the government. Good
Heaven ! gentlemen, how can it protect the people against the
government, if it be a crime to say of that government that it
has committed errors, displays little talent, and has no striking
features ? Did the prosecutor mock you, when he talked of the
protection the Press afforded to the people? If he did not insult
you by the admission of that upon which he will not allow you
to act, let me ask, against what is the Press to protect the peo-
ple ? When do the people want protection ? — when the govern-
ment is engaged in delinquencies, oppression, and crimes. It is
against these that the people want the protection of the Press.
Now, I put it to your plain sense, whether the Press oan afford
such protection, if it be punished for treating of these crimes?
Still more, can a shadow of protection be given by a Pree*
that is not permitted to mention the errors, the talents, and the
striking features of an administration ? Here is a watchman ad-
mitted by the Attorney-General to be at his post to warn the
people of their danger, and the first thing that is done to this
watchman is to knock him down and bring him to a dungeon,
lor announcing the danger he is bound to disclose. I agree with
the Attorney-General, the Press is a protection, but it is not in
its silence or in its voice of flattery. It can protect only by
speaking out when there is danger, or error, or want of ability.
If the harshness of this tone be complained of, 1 ask, what is ix
DANIEL O CONNELL, ESQ., M.P. 263
the Attorney- General would have? Does he wish that this 'pro-
tection should speak so as not to be understood ; or, I again re-
peat it, does he mean to delude us with the name and the mock-
pry of protection'? Upon this ground, I defy you to find a ver-
dict for the prosecutor, without declaring that he has been
guilty of an attempt to deceive, when he talked of the protection
of the Press against errors, ignorance, and incapacity, which it
is not to dare even to name. Gentlemen, upon this second
paragraph, I am entitled to your verdict, upon the Attorney -
General's own admission.
He, indeed, passed on to the next sentence with an air of tri-
umph, with the apparent certainty of its producing a conviction ;
I meet him upon it — I read it boldly — I will discuss it with you
manfully — it is this : —
" They insulted, they oppressed, they murdered, and they de-
csived."
The Attorney-General told us, rather ludicrously, that they,
meaning the Duke's ^predecessors, included, of course, himself.
How a mar could be included amongst his predecessors, it would
be difficuJ . to discover. It seems to be that mode of expression
which would indicate, that the Attorney-General, notwithstand-
ing his foreign descent, has imbibed some of the language of the
native Irish. But our blunders arise not like this, from a con-
fusion of idea ; they are generally caused by too great condensa-
tion of thought; they are, indeed, frequently of the head, but
never — never of the heart. Would I could say so much for the
Attorney-General ; his blunder is not to be attributed to his cool
and cautious head ; it sprung, I much fear, from the misguided
bitterness of the bigotry of his heart.
Well, gentlemen, this sentence does, in broad and distinct
terms, sharge the predecessors of the Duke, but not the Duke
himself, wdth insult, oppression, murder, and deceit. But it is
history, gentlemen : are you prepared to silence the voice of
history ? Are you disposed to suppress the recital of facts —
the story of the events of former days 1 Is the historian, and
the publisher of history, to be exposed to indictment and punish-
ment ?
Let me read for you two passages from Doctor Leland's His-
tory of Ireland. I choose a remote period, to avoid shocking
5- our prejudices, by the recital of the more modern crimes of th<!
iaction to which most of you belong. Attend to this passage,
gentlemen.
" Anno 1574. — A solemn peace and concord was made between
2G4- SELECT SPEF.< RF*
the «Earl of Essox and Felira O'Nial. However, at a feast,
wherein the Earl entertained that chieftain, and at the eiid of
hheir good cheer, O'Nial, with his wife, were seized; their friends,
who attended, were put to the sword before their faces. Felim,
together with his wife and brother, were conveyed to Dublin,
where they were CUT UP IN QUARTERS."
How would you have this fact described ? In what lady-lik»
terms is the future historian to mention this savage and brutal
massacre. Yet Essex was an English nobleman — a predecessor
of his Grace ; he was accomplished, gallant, and gay ; the envied
paramour of the virgin queen ; and, if he afterwards fell on the
scaffold, one of the race of the ancient Irish may be permitted
to indulge the fond superstition that would avenge the royal
blood of the O'Nial and of his consort, on their perfidious English
murderer.
But my soul fills with bitterness, and I will read of no more
Irish murders. I turn, however, to another page, and I will in-
troduce to your notice another predecessor of his Grace the
Duke of Richmond. It is Grey, who, after the recal of Essex,
commanded the English forces in Munster. The fort of Smer-
wick, in Kerry, surrendered to Grey a* discretion. It contained
some Irish troops, and more than 700 Spaniards. The historian
shall tell you the rest : —
"That mercy for which they sued was rigidly denied them.
Wingfield was commissioned to disarm them, and when this ser-
nee was performed, an English company was sent into the
fort.
" The Irish rebels found they were reserved for execution by
martial law.
" The Italian general and some officers were made prisoners of
war : but the garrison was butchered in cold blood; nor is it with-
out pain, that we find a service so horrid and detestable, com-
mitted to Sir Walter Raleigh."
" The garrison was butchered in cold blood," says the historian.
Furnish us, Mr. Attorney-General, with gentle accents and sweet
words, to speak of this savage atrocity ; or will you indict the
author? Alas ! he is dead, full of years and respect — as faithful
an historian as the prejudices of his day would allow, and a bene-
ficed clergyman of your church.
Gentlemen of the jury, what is the mild language of this paper
jiompared with the indignant language of history ? Raleigh — the
ill-starred Raleigh — fell a victim to a tyrant master, a COITUD*
rtr ovemwed jury, and a virulent Attorney-General; he was baited
DAtfftL O'CONNELL, ESQ., M.P. 265
at the bar with language more scurrilous and more foul than
that you heard yesterday poured upon my client. Yat, what
tttonement to civilization could his death afford for the horrors
I have mentioned 1
Decide, now, gentlemen, between those libels — between that
deiimer's history and my client. He calls those predecessors of
his Grace, murderers. History has left the living records of tLeir
crimes from ohe O'Nial, treacherously slaughtered, to the cruel
cold butchery of the defenceless prisoners. Until I shall see the
publishers of Leland and of Hume brought to your bar, I defy
yon to convict my client.
To show you that my client has treated these predecessors of
of his Grace with great lenity, I will introduce to your notice one,,
and only one more of them ; and he, too, fell on the sciffold—
the unfortunate Strafford, the best servant a despotic king could
desire.
Amongst the means taken to raise money in Ireland, for James
the First, and his son Charles, a proceeding called " a commis-
sion to inquire into defective titles," was invented. It wa:, a
sche*aie, gentlemen, to inquire of every man what righf he hal
*o his own property, and to have it solemnly and legally ^ete>
mined that he had none. To effectuate this scheme required
great management, discretion, and integrity. First, there were
4,00u excellent horse raised for the purpose of being, as StrufFord
himself said "good lookers-on." The rest of the arrangement
I would recommend to modern practice ; it would save much
'.rouble. I will shortly abstract it from two of Straffbrd's own
letters.
The one appears to have been written by him to the L,ord
Treasurer; it is dated the 3rd December, 1634. He begins with
an apology for not having been more expeditious in this wo^i of
plunder, for his employers were, it seems, impatient at the
melancholy waste of time. He then says —
" Howbeit, I will redeem the time as much as 1 can, with such
as may give furtherance to the king's title, and will inquire wt
FIT «vfEN TO SERVE UPON THE JURIES."
To,ke notice of that, gentlemen, I pray you ; perhaps yo»i
thought that the " packing of juries" was a modern invention —
i new discovery. You see how greatly mistaken you were ; the
thing has example and precedent to support it, and the autho-
rity of both are, in our law, quite conclusive.
The next step was to corrupt — oh, no, to interest the wise an 1
learned judges. But commentary becomes unnecessary, when
s
206* BKLKCT SPEECHES OP
read for you this passage from a letter of his to the King, dated
the 9th of December, 1636 :—
« Your Majesty was graciously pleased, upon my humble advice, to
bestow f >ur sliillings in the pound upon your Lord Chief Justice and
Lord Chief Baron in this kingdom, fourth of the first yearly rent raised
upon the commission of defective title, which, upon observation, I find,
to be the bast given that ever was. For now they do intend it, with a
rare and diligence, such as if it were their own private, and most cer-
tain gaining to themselves ; every four shillings once paid, shall better
your revenue for ever after, at leaat five pounds."
Thus, gentlemen of the jury, all was ready for the mockery of
law amd justice, cilled a trial.
Now, let me take any one of you ; let me place him here,
where Mr. Magee stands ; let him have his property at stake ,
let it be of less value, I pray you, than a compensation for two
years' imprisonment ; it will, however, be of sufficient value to
interest and rouse all your agony and anxiety. If you were so
placed here, you would see before you the well-paid A.ttorney-
General, perhaps, malignantly delighted to pour his rancour
upon you ; on the bench would sit the corrupt and partisan
judge, and before you, on that seat which you now occupy, would
be placed the packed and predetermined jury.
I beg, sir, to know what would be your feelings, your honour,
your rage ; would you not compare the Attorney-General to the
gambler who played with a loaded die, and then you would hear
him talk, in solemn and monotonous tones, of his conscience !
Oh, his conscience, gentlemen of the jury !
But the times are altered. The Press, the Press, gentlemen,
has effectuated a salutary revolution ; a commission of defective
titles would no longer be tolerated : the judges can no longer be
bribed with money, and juries can no longer be I must
not say it. Yes, they can, you know — we all know they can bo
Ftill inquired out, and " packed," as the technical phrase is. But
you, who are not packed, you, who have been fairly selected,
\vill see that the language of the publication before us is mild
ness itself, compared with that which the truth of history re-
quires— compared with that which history has already used.
1 proceed with this alleged libel.
The next sentence is this —
" The p' vrfligate, unprincipled Westmoreland." I throw down
the papes :md address myself in particular to some of you.
There arc. L see, amongst you some of our Bible distributers,
•• and o( i',.1- suppressors of vice." Distributers r T^MPK, sup-
OCONNElli, ESQ., M ? 26«
pressors of vice — what call you profligacy ? Wliat is it you
would call profligacy 1 Suppose the peerage was exposed to
sale — set up at open auction — it was at that time a judicial
office — suppose that its price, the exact price of this judicial
office, was accurately ascertained by daily experience — would
you calJ that profligacy ? If pensions were multiplied beyond
bounds and beyond example — if places were augmented untl.
invention was exhausted, and then were subdivided and split
into halves, so that two might take the emoluments of each, and
no person do the duty — if these acts were resorted to in order
to corrupt your representatives — would you, gentle suppressors
of vice, call that profligacy ?
If the father of children selected in the open day his adulterous
paramour — if the wedded mother of children displayed her
crime unblushing! y — if the assent of the titled or untitled wittol
to his own shame was purchased with the people's money — if
this scene — if these were enacted in the open day, would you
call that profligacy, sweet distributers of Bibles ? The women of
Ireland have always been beauteous to a proverb; they were,
without an exception, chaste beyond the terseness of a proverb to
express ; they are still as chaste as in former days, but the de-
praved example of a depraved court has furnished some excep-
tions, and the action or criminal conversation, before the time
of Westmoreland unknown, has since become more familiar to
our courts of justice.
Call you the sad example which produced those exceptions
— call you that profligacy, suppressors of vice and Bible distri-
buters } The vices of the poor are within the reach of control ;
to suppress them, you can call in aid the churchwarden and the
constable ; the justice of the peace will readily aid you, for he is
a gentleman — the Court of Sessions will punish those vices for
you' by fine, by imprisonment, and, if you are urgent, by whip-
ping. But suppressors of vice, who shall aid you to suppress
the vices of the great ? Are you sincere, or are you, to use your
own phraseology, whitewashed tombs — painted .charnel-houses ?
Be ye hypocrites ? Jf you are not — if you be sincere — (and, oh,
how I wish that you were) — if you be sincere. I will steadily re-
quire to know of you, what aid you expect, to suppress the vice?
of the rich and great ? Who will assist yen 1 to suppress those vices ?
The churchwarden ! — why he, I believe, handed them into the
best pew in one of your cathedrals, that they 'might lovingly hem
Divine service together. The constable ! ! — absnrd. The justice-
2f the peace 1 — no. upon his honour. As to the Court of J?es-
2(58 SELECT SPEECHES OF
gions, you cannot expect it to interfere ; and iny lords the judges
are really so busy at the assizes, in hurrying the grand juries
through the presentments, that there is no leisure to lock aftei
the scandalous faults of the great. Who, then, sincere and candid
..uppresHors of vice, can aid you ? — The Press ; the Press alone
talks of the profligacy of the great ; and, at least, shames into
decency those whom it may fail to correct. The Press is your,
but your oniy assistant. Go, then, men of conscience, men of
religion — go, then, and convict John Magee, beeause he published
that Westmoreland was profligate and unprincipled as a lord
lieutenant — do, convict, and then return to your distribution of
Bibles and to your attacks upon the recreations of tie poor,
under the name of vices !
Do, convict the only aid which virtue has, and distribute your
Bibles that you may have the name of being religious ; upon
your sincerity depends my client's prospect of a verdict. Ihet
he lean upon a broken reed ?
I pass on from the sanctified portion of the jury which I have
latterly addressed, and I call the attention of you all to the next
•pember of the sentence —
" The cold-hearted and cruel Camden."
Here I have your prejudices all armed against me. 7n th<
administration of Camden, your faction was cherished and tri-
umphant. Will you prevent him to be called cold and cruei ?
Alas ! -to-day, why have I not men to address who would listen
to me for the sake of impartial justice ! But even with you the
case is too powerful to allow me to despair.
Well, / do say, the cold and cruel Camden. Why, on one cir-
cuit, during his administration, there were ONE HUNDRED
INDIVIDUALS TRIED BEFORE ONE JUDGE; OF
THESE NINETY-EIGHT WERE CAPITALLY CON-
VICTED, AND NINETY-SEVEN HANGED ! I understand
one escaped ; but he was a soldier who murdered a peasant, or
something of that TRIVIAL nature — NINETY-SEVEN- victims
in one circuit ! ! !
In the meantime, it was necessary, for the purposes of thtt
Union, that the flame of rebellion should be fed. The nr.ivtinga
<>f the rebel colonels in the north were, for a length of :iiue,
regularly reported to government ; but the rebellion WLS ttDt
then ripe enough ; and whilst the fruit was coming to maturity ;
under the fostering 'hand of the administration, the wretched
dupes atoned on the gallows for allowing themselves to be de-
ceived.
DANIEL O'CONSELL, ESQ., 5I.P. 269
In the meantime the soldiery were turned in at free quarters
amongst the wives and daughters of the peasantry ! ! '!
Have you heard of Abercrombie, the valiant and the good —
Le who. mortally wounded, neglected his wound until victory
was ascertained — ha who allowed his life's stream to flow unno-
ticed becauRO bia country's battle was ki suspense — he who died
the martyr of victory — he who commenced the career of glory
on the land, and taught French insolence, than which there if
nothing so permanent— even transplanted, it exhibits itself to
the third and fourth generation — he taught French insolence,
that the British and Irish soldier was as much his superior by
land, as the sailor was confessedly by sea — he, in short, who
commenced that career which has since placed the Insh Wel-
lington on the highest pinnacle of glory. Abercrombie and Moore
were in Ireland under Carnden. Moore, too, has since fallen at
the moment of triumph — Moore, the best of sons, of brothers, of
friends, of men — the soldier and the scholar — the soul of reason
and the heart of pity — Moore has, in documents of which you
may plead ignorance, left his opinions upon record with re-
spect to the cruelty of Camden's administration. But you all
have heard of Abercrombie's proclamation, for it amounted to
that ; he proclaimed that cruelty in terms the most unequivocal ;
he stated to the soldiery and to the nation, that the conduct of
the Camden administration had rendered "the soldiery formi-
dable to all but the enemy."
Was there no cruelty in thus degrading the British soldier ?
And say, was not the process by which that degradation was
effectuated cruelty? Do, then, contradict Abercrombie, upon
your oaths, if you dare ; but, by doing so, it is rot my client
alone you will convict — you will also convict yourselves of the
foul crime of perjury.
I now come to the third branch of this sentence ; and here 1
have an easy task. All, gentlemen, that is said of the artificer
and superintendent of the Union is this — "the artful and
treacherous Cornwallis." Is it necessary to prove that the
Union was effectuated by artifice and treachery ? For my part,
it makes my blood boil when I think of the unhappy period
which was contrived and seized on to carry it into effect ; one
year sooner, and it would have made a revolution— one year
later, and it would have been for ever impossible to carry it.
The moment was artfully and treacherously seized on, and OUB
country, that was a nation for countless ages, has dwindled into
•A. province, and her name and her glory are extinct for ever.
270
Sf-M<:;c:iE8
1 should not waste a moment upon this part of t.'ie case, but
tJiat the gentlemen at the other side who opposed that measure
iiave furnished me with some topics which I may not, oanuoit
omit. Indeed Mr. Magee deserves no verdict from any Irish
jury, who can hesitate to think that the contriver of the Union
is treated with too much lenity in this sentence ; hs fears youi
disapprobation for speaking with so little animosity of the arti-
noer of the Union.
There was one piece of treachery committed at that period, at
which both you and I equally rejoice ; it was the breach of faith
towards the leading Catholics ; the written promises made them
;it that period have been since printed ; I rejoice with you tvxat
they were not fulfilled ; when the Catholic trafficked for his own
advantage upon his country's miseries, he deserved to be deceived.
for this mockery, I thank the Cornwallis administration. / re-
ioice, also, thai my first introduction to t/te stage of public life, was
m the opposition to that measure.
In humble and obscure distance, I followed the footsteps of
my present adversaries. What their sentiments were then of
the authors of the Union, I beg to read to you ; I will read them
from a newspaper set up for the mere purpose of opposing the
Union, and conducted under the control of these gentlemen. It
their editor should be gravely denied, I shall only reply — " on
cease your funning."*
The charge of being a Jacobin, was at that time made against
the present Attorney-General — him, plain William Saurin — in
the very terms, and with just as much truth as he now applies
it to my client. His reply shall serve for that of Mr. Magee. I
take it from the anti-Union of the 22nd March, 1800.
" To the charge of Jacobin, Mr. Saurin said he knew not what
t meant, as applied to him, except it was an opposition to the
will of the British minister"
So says Mr. Magee ; but, gentlemen, my eye lights upon an-
other passage of Mr. Saurin's, in the same speech from whicK
L have quoted the above. It was in these words : —
" Mr. Saurin admitted, that debates might sometimes product
agitations, but that was the PRICE necessarily paid for liberty"
Oh, how I thank this good Jew for the word. Yes, agitation
is, as Mr. Saurin well remarked, the price necessarily paid for
liberty. We have paid the price, gentlemen, and the honest
man refuses to give us the goods. (Much laughing.)
1 A runpUet under iti» titie we* published ty the Solicitor-General ; it wa» fall of wit
»ud talent
DA.NIET O'CONXELL, ESQ.. M.P. 271
Xo\r, gentlemen, of this Mr. Saurin, then an agitator, I beg
leave to read the opinion upon this Union, the author of which
we have only called artful and treacherous. From this speed i
of the 13th March, 1800. I select those passages :
"Mr. Saurin said he felt it his duty to the crown, to the
country, and to his family, to warn the minister of the dreadfu.
consequences of persevering in a measure which the people o»
Ireland almost unanimously disliked"
And again —
'He, for one, would assert the principles of the glorious revo-
lution, and boldly declare in the face of the nation, that wheu
the Sovereign power dissolved the compact that existed between
the government and the pecple, that moment the right of resis-
tance accrues. t
" Whether it would be pnident in the people to avail them-
selves of that right, would be another question. But if a legis-
lative union were forced on the country, against the will of its
inhabitants, it would be a nullity, and resistance to it would be
a struggle against usurpation, and not a resistance against law."
May I be permitted just to observe, how much more violent
this agitator of the year 1800, than we poor and timid agitators
of the year 1813. When did we talk of resistance being a
question of prudence ? Shame upon the men who call us in-
temperate, and yet remember their own violence.
But, gentlemen, is the Attorney -General at liberty to change
the nature of things with his own official and professional pro-
spects ? I am ready to admit that he receives thousands of
p junds by the year of the public monies, in his office of Attor-
ney-General— thousands from the Crown-Solicitor — thousands,
for doing little work, from ihe Custom-house ; but does all thie
public booty with which he is loaded, alter the nature of things,
r prevent tbat from being a deceitful measure, brought about
oy artful and treacherous means, against which Mr. Saurin, iu
ItSOO, preached the holy doctrine 01 insurrection, sounded tht
tocsm of resistance, and summoned the people of the land to
battle against it, as against usurpation ?
In 1800, he absolves the subjects from their allegiance — if the
usurpation, styled the Union, will be carried — and he, this iden-
fioal agitator, in 1813, indicts a man, and calls him a ruffian, for
s-peaking of the contrivers of the Union, not as usurpers, but as
•mful, treacherous men. Gentlemen, pity the situation in which
nt has placed himself; and pray, do not think of inflicting p-.m-
t; upon my client for his exfcrer*">
272 SEL20T SPEECHES OF
It has been coarsely urged, and if. will, I know, be urged in the
splendid misrepresentations with which the Solicitor-General can
so well distort the argument he is unable to meet — it will, I know,
be urged by him, that having established the right to use this
last paragraph — having proved that the predecessors of the Duke
were oppressors and murderers, and profligate, and treacherous,
irat the libel is only aggravated thereby, as the first paragraph
compares and combines the Duke of Kichmond with the worn;
of his predecessors.
This is a most fallacious assertion ; and here it is that I could
wish I had to address a dispassionate and an enlightened jury.
ITou are not, you know you are not, of the selection of my client.
Had he the poor privilege of the sheep-stealer, there are, at least,
ten of you who should never have been on his jury. But the
jury he would select is not such a jury in his favour, as has been
impanelled against him ; he desires no favour ; he would desire
only that the most respectable and unprejudiced of your city
should be selected for his trial ; his only ambition would be per-
fect impartiality ; he would desire, and I should desire for him.
a jury whose verdict of conviction, if they did convict h u,
would produce a sense of error and feeling more painful to his
mind of being wrong than a star- chamber sentence.
If I had to address such a jury, how easily could I show them
that there is no comparison — no attempt at similitude. On the
contrary, the object of the writer is clearly to make a contrast.
Grey murdered ; but he was an able statesman ; his massacre
was a crime in itself, but eminently useful to his employers ; it
contributed mainly to secure the forfeiture of the overgrown tt-r
ritorivij of the House of Desmond. Kssox was a murdeier, but
uis extreme of vico was accompanied l»y great military services;
he was principally instrumental in effectuating the conquest vi
Ireland — even ids crimes served the cause of his royal mistress,
und the territory of the slaughtered O'Nial became shire land ;
he had terrific cruelty to answer for, but he could give it some
answer in the splendour and solidity of his services. So of
Straff ord — he was an eminent oppressor, but he wasalso eminently
useful to his royal master.
As to the Duke of Richmond, the contrast is intended to be
lOD'plete — he has neither great crimes nor great virtues. He
did not murder, like Essex and Grey, but he did not render any
splendid services. In short, his administration has been directly
the reverse of these. It has been marked by errors and not
crime*. It has not displayed talents «* thtv did ; and it 1ms ,
DANIEL O'CONNELL, ESQ., M.I*. 273
ing features as they had. Such is the fair, the rational, am!
the just construction which a fair, rational, and just jury would
put upon it.
Indeed, the Attorney-General seems to £eel it was necessary
for him to resort to other topics, in order to induce you to con-
vict upon this part of the case. He tells you that this is the
second time that the Duke of Richmond has been called a mur-
derer. Gentlemen, in this indictment there is no allegation that
the Duke is styled a murderer by this publication ; if there had,
he should be readily acquitted, even for the variance ; and when
the Attorney-General resorts to Barry's case, he does it to inflame
your passions, and mislead your understandings — and then what
has the Irish Magazine to do with this trial?
Walter Cox, with his Irish Magazine, is as good a Protestant
as the king's Attorney-General, and probably quite as sincere in
the profession of that religion, though by no means as much dis-
posed to persecute those who differ from him in religious belief.
Indeed, if he were a persecutor of his countrymen, he would not
be where he is — in prison ; he would probably enjoy a full share
of the public plunder, and which is now lavished on the stupid
journals in the pay of the Castle — from the versatile, venal, and
verbose correspondent, to the equally dull and corrupt Dublin
Journal.
It is, however, not true, that he is in gaol because he published
what is called a libel. The Attorney-General talked with a gloat-
ing pleasure of the miseries poor Watty Cox endures in gaol — •
miseries that seem to give poignancy and zest to the enjoyments
of his prosecutor. I will make him happy ; let him return from
this court to his luxuries, and when he finds himself at his table,
surrounded with every delicacy, and every profusion, remember
that his prisoner Walter Cox is starving. I envy him not this
relish, but I cannot suffer him to mislead you. Cox is not in
goal because he published a libel ; he is there because he is poor.
His time of imprisonment expired last February, but he was con-
demned to pay a fine of .£300, and having no money, he ha*
since remained in goal. It is his poverty, therefore, and not
bis crime, that detains him within the fangs of the Attorney-
General — if, indeed, there be any greater crime in society than
being poor.
And, next, the Attorney-General makes a beautiful eulogium
on Magna Charta. There we agree. I should, indeed, prefer
seeing the principles of that great charter called into practical
effect, to hearing any palinode however beautiful, said or sung
274 SELECT SPEECHES OP
on its merits. But what recommendation can Magna CharU
have for poor Cox ? That charter of liberty expressly provides,
that no man shall be fined beyond what he can pay. A very
simple and natural provision agfcinst political severity. But Cox
is fined £300, when he is not worth a single shilling. He appealed
to this court for relief, and quotes Magna Charta. Your lordship
was not pleased to give him any relief. He applies to the Court
of Exchequer, and that Court, after hearing the Attorney-Gene-
ral against him, finds itself unable to give any relief ; and, after
all this, the unfortunate man is to be tantalized with hearing that
the Attorney-General contrived to couple his case with the praise
j>f the great charter of liberty — a most unlucky coincidence—
almost enough to drive him, in whose person that charter is view
lated, into a state of insanity.
Poor Watty Cox is a coarse fellow, and, I think, he would be
apt to reply to that praise in the profane and contemptuous
rhyme of Cromwell ; most assuredly he has no reason to treat
this useless law with great reverence. It would, indeed, appear
as if the prosecutor eulogized Magna Charta only to give more
brilliancy to his triumph, which he has obtained in the persou
of poor Cox over it.
The next topic of the Attorney-General's triumphant abuse
was the book entitled, "The Statement of the Penal laws." He
called it a convicted book. He exulted that the publisher was
in prison ; he traduced the author, and he distorted and misre-
presented the spirit and meaning of that book. As to the pub-
lisher, he is, I admit, in prison. The Attorney-General has had
the pleasure of tearing a respectable citizen, of irreproachable
character and conduct, from his wife and the little children who
were rendered comfortable by his honest, persevering industry,
md he has immured him in a dungeon. I only congratulate him
ju his victory.
As to the author, he is just the reverse of what the Attorney-
General would wish him to be ; he is a man of fortune; he is an
able lawyer — a professional scholar, an accomplished gentleman
— a sincere friend to his country, which he has ornamented and
served. As to the book, it is really ludicrous to an extreme de-
gree of comicality to call it a convicted book. There are about
400 pages in the work : it contains an elaborate, unexaggerated,
and, I think, softened detail of the laws which aggrieve the Oa-
! holies of Ireland, and of the practical results of those laws. Such
a system, to which the Attorney-General is wedded, as much as
fo his own emolument, must have excited no small share of irri-
DANIEL O'CONNEI.L, ESQ., XP. 275
tat ion in his mind. It produced a powerful sensation on the
entire party to which he belongs. Abundant attempts were made
to answer it : they were paid for out of the public money ; they
totally failed, and yet if the book had been erroneous, there couk7
be nothing easier than its confutation.
If that book had been mistaken in matter of law, or exagge-
rated in matter of fact, its refutation would have been found,
where we have found and proved its perfect accuracy, in tl.e
statute book and in the daily experience of every individual ik
Ireland. Truth, you are told by the prosecutor, is no defence in
case of libel ; but certainly this book was much the more pro-
voking for being true ; and yet, gentlemen, with the most power-
ful incentives to prosecute this book, the Attorney-General has
been compelled, most reluctantly, to space every word of the 400
pages of text and margin, and has been unable to find any pre-
text for an indictment, save in a paltry note containing eight
lines and a half, and three marks of admiration.
My lords, I address your lordships particularly on the three
notes of admiration, because they formed a prominent ground
in your lordship's learned argument, when you decided that the
passage was a libel per se. Yes, gentlemen, admire again, I pray
you, the solidity and brilliancy of our law, in which three marks
of admiration are of wonderful efficacy in sending a man to pri-
son. But with the exception of the note of eight and a half
lines, the book has borne the severest criticism of fact and of
law. It has defied, and continues to defy, the present Attorney-
General and his well-assorted juries ; and, as to the note which
he indicted, it contained only a remark on the execution of a
man who, whether innocent or guilty, was tried in such a man-
ner, that a gentleman of the Irish bar, his counsel, threw up his
orief in disgust ; and when the judge who presided at the trial
ordered the counsel to remain and defend Barry, that counsel
swore, in this court, that he rejected the judge's mandate with
contempt.
What a mighty triumph was the conviction proved against
this note on Barry's case ! And may one be permitted mourn
fully to ask, whether the indignation, which might have pro
duced indiscretion in speaking of Barry's fate, was a very cul-
pable quality in a feeling mind, prone to detest the horrors with
which human blood is sometimes shed under the forms and
mockery of trial ? But that conviction, although it will erase
the note, will not stay the demand which an intelligent public
iijuke for this valuable work. Already have two valuable r*U
276 SELECT SPEECHES OP
tions of it been sold, and a third edition is loudly called for, and
about to appear.
What, in the meantime, has l>een tlie fate of the answers? I
see two booksellers amongst you ; they will tell you that the
answers are recollected only by the loss they have produced to
them, and by the cumbering of their shelves. Such is the re-
sult of the loyal triumph of his Grace the Duke of Richmond's
administration. May such in every age be the fruits of every
prosecutor of free discussion, and of the assertion of political
truth !
I have followed the Attorney-General through his discussion
npon Walter Cox. and " The Statement of the Penal laws," with-
out being able exactly to conjecture his motives for introducing
them. As to Cox, it appears to be the mere gratifi cation of his
delight at the misery to which that unfortunate man is reduced.
As to "the book," I can only conjecture that his wish is to in-
sinuate to you that the author of "the book" aud of this publi-
cation is the same. If that were his design, it may be enough
to say, that he has not proved the fact, and, therefore, in fair-
ness, it ought not at all to influence your decision. 1 go further
and tell him, that the fact is not so ; that the author is a dif-
ferent person • that the writer of this alleged hbel is a Protestant
— a man of fortune — a man of that rank and estimation, that even
the Attorney- General, were I to announce his name, which my
client will never do, or suffer his advocate to do, that name would
txtort respect, even from the Attorney-General himself.
He has. in his usual fashion, calumniated the spirit and object
of " The Statement of the Penal Laws." lie says it imputes
murder and every other crime to persons in high stations, as re-
sulting from their being Protestants. He says that it attributes
to the Lord Lieutenant the committing murder on a Catholic,
because he himself is a Protestant. Gentlemen, I wish you had
read that book ; if you did, it would be quite unnecessary for
rne to contradict those assertions of the Attorney-General. Jn
fact, there never were assertions more unfounded : that book con-
tains nothing that could warrant his description of it ; on the
contrary, the book seeks to establish this position, that the grie-
vances which the Irish Catholics suffer, are not attributable to the
Protestant religion — that they are repugnant to the spirit of
that religion, and are attributable, simply aud singly, to the
.spirit of monopoly, and tone of superiority, generated and fo»
tercd by the system of exclusion, upon which the Penal Code
DANIEL O'CONNELL, ESQ., M.P. 277
Tli«- author of that book is confessedly a Catholic ; yet the
book states, and the Attorney-General heard the passage twice
read in this court, that "if Roman Catholics were placed, by uujusi
law s, in the situation in which the Irish Protestants now are placed,
tli y would oppress and exclude precisely as the Protestants no\\
.40." In short, his statement and reasonings are founded oc
diis. that it is unjust to give any religion exclusive political ad-
vantages ; because, whatever that religion may be, the result
will necessarily prove oppressive and insulting towards the less
favoured sect. He argues not exclusively against any particular
religion, but from natural causes operating on human beings.
His book may be a libel on human nature, but it is no more
-L libel on the Protestant than on the Catholic religion. It draws
no other inference than this, that Catholics and Protestants,
raider similar circumstances, would act precisely in the same way.
Having followed the prosecutor through this weary digression.
1 return to the next sentence of this publication. Yet I cannot
— I must detain you still a little longer from it, whilst I suppli-
cate your honest indignation, if in your resentments there be
uught of honesty, against the mode in which the Attorney-Gene-
ral has introduced the name of our aged and afflicted sovereign.
lie says, this is a libel on the king, because it imputes to him a
selection of improper and criminal chief governors. Gentlemen,
this is the very acme of servile doctrine. It is the most uncon-
stitutional doctrine that could be uttered : it supposes that the
sovereign is responsible for the acts of his servants, whilst the con-
stitution declares that the king can do no wrong, and that even
for his personal acts, his servants shall be personally responsible.
Thus, the Attorney- General reverses for you the constitution in
theory; and, in point of fact, where can be found, in this publi-
cation, any, even the slightest allusion to his Majesty. The
theory is against the Attorney-General, and yet, contrary to the
fact, and against the theory, he seeks to enlist another prejudice
of yours against Mr. Magee.
Prejudice did I call it 1 oh, no ! it is no prejudice ; that sen-
timent which combines respect with affection for my aged sove-
reign, suffering under a calamity with which heaven has willed
to visit him, but which is not due to any default of his. There
never was a sentiment that I should wish to see more cherished
— more honoured. To you the king may appear an object o:
respect ; to his Catholic subjects he is one of veneration ; t«
them he has been abountifal benefactor. To the utter disregard
of your aldermen of Skinner's-alley, and the more pompous mag-
278 SELECT SPEECHES OK
nets of William -street, his Majesty procured, at bis earnest soli-
citation from parliament, the restoration of much of our liberties
He disregarded your anti-Popery petitions. He treated with
calm indifference the ebullitions of your bigotry ; and I owe to
him that 1 have the honour of standing in the proud situation
from which I am able, if not to protect my client, at least to pour
the indignant torrent of my discourse against his enemies, and
those of his country.
The publication to which I now recal you, goes to describe the
effects of the facts which I have shown you to have been drawn
from the undisputed and authentic history of former times. I
have, I hope, convinced you, that neither Leland nor Hume
could have been indicted for stating those facts, and it would be
a very strange perversion of principle, which would allow you
to convict Mr. Magee for that which has been stated by other
writers, not only without punishment, but with applausa.
That part of the paragraph which relates to the present day is
in these words : —
" Since that period the complexion of the times has changed
— the country has advanced — it has outgrown submission, find
some forms, at least, must now be observed towards the people"
The system, however, is still the same ; it is the old plaj
with new decorations, presented in an age somewhat more en
lightened ; the principle of government remains unaltered — n
principle of exclusion which debars the majority of the people
from the enjoyment of those privileges that are possessed by the
minority, and which must, therefore, maintain itself by all those
measures necessary for a government founded on injustice."
The prosecutor insists that this is the most libellous part of
the entire publication. I am glad he does so ; because if there
be amongst you a single particle of discrimination, you cannot
fail to perceive that this is not a libel — that this paragraph can-
aot constitute any crime. It states that the present is a system
ol exclusion. Surely, it is no crime to say so ; it is what you
all say. It is what the Attorney-General himself gloried in.
This is, said he, exclusively a Protestant government. Mr. Magee
and he are agreed. Mr. Magee adds> that a principle of exclu-
sion, on account of religion, is founded on injustice. Gentlemen,
if a Protestant were to be excluded from any temporal advan-
tages upon the score of his religion, would not you say that th*
principle upon which he was excluded was unjust? That is pre-
cisely what Mr. Magee says ; for the principle which excludo
Uie Catholic in Ireland, would exclude the Protestant in Spain
DAWIEL O'CONNELL, ESQ., M.F. 27J
and in Portugal, and then you clearly admit its justice. So
really, you would condemn yourselves, and your own opinions,
kiid the right to be a Protestant in Spain and Portugal, if you
condemn this sentiment.
But I would have you further observe that this is no more
Jian the discussion of an abstract principle of government ; it
\rraigns not the conduct of any individual, or of any adminis-
tration ; it only discusses and decides upon the moral fitness of
;» certain theory, on which the management of the affairs of Ir^
laud has been conducted. Jf this be a crime, we are all crimi-
nals j for this question, whether it be just or not to exclude from
power and office a class of the people for religion, is the subject
of daily — of hourly discussion. The Attorney-General says it
is quite just; I proclaim it to be unjust — obviously unjust. At
aE. public meetings, in all private companies, this point is de-
cided different ways, according to the temper and the interest oi
individuals. Indeed, it is but too much the topic of every man's
discourse ; and the gaols and the barracks of the country would
not contain the hundredth part of tnose whom the Attorney-
General would have to crowd them, if it be penal to -call the
principle of exclusion unjust. In this court, without the least
danger of interruption or reproof, I proclaim the injustice of that
principle.
I will then ask whether it be lawful to print that which it is
not unlawful to proclaim in the face of a court of justice 1 And
above all, I will ask whether it can be criminal to discuss the ab-
stract principles of government ? Is the theory of the law a
prohibited subject ? I had understood that there was no right
BO clear and undoubted as that of discussing abstract and theo-
retic principles, and their applicability to practicable purposes.
For the first time do I hear this disputed ; and now see what it
is the Attorney- General prohibits. He insists upon punishing
Mr. Magee j first, because he accuses his administration of " er-
rors ;" secondly, because he charges them with not being distin-
guished for " talents ;" thirdly, because he cannot discover theij
" striking features ;" and fourthly, because he discusses an "ab
stract principle !"
This is quite intelligible — this is quite tangible, 1 begin to
understand what the Attorney- General means by the liberty o,
the Press ; it means a prohibition of printing anything except
praise, respecting "the errors, the talents, or the striking feature^'
of any administration, and of discussing any abstract
of government. Thus the forbidden subjects are ei-rors,
280 SELECT SPEECHES OP
striking features, and principles. Neither the theory of the
government nor its practices are to be discussed ; you cmy, in-
deed, praise them ; you may call the Attorney- General "tae best
and wisest of men ;" you may call his lordship the most learned
and impartial of all possible chief justices ; you may, if you
have powers of visage sufficient, call the Lord Lieutenant the beet
of all imaginable governors. That, gentlemen, is the boasted
liberty of the Press — the liberty that exists in CoiAstantinople —
the liberty of applying the most fulsome and unfounded flattery,
out not one word of censure or reproof.
Here is an idol worthy of the veneration of the Attorney-
General. Yes ; he talked of his veneration for the liberty of the
Press ; he also talked of its being a protection to the people
against the government. Protection ! not against errors — not
against the want of talents or striking features — nor against the
effort of any unjust principle — protection ! against what is it to
protect ? Did he not mock you ? Did he not plainly and pal-
pably delude you, when he talked of the protection of the Press?
Yes. To his inconsistencies and contradictions Le calls on you
to sacrifice your consciences ; and because you are no-Poperj
men, and distributers of Bibles, and aldermen of SkinuerValley,
and Protestant petitioners, he requires of you to brand your
souls with perjury. You cannot escape it ; it is, it must oe per-
jury to find a verdict for a man who gravely admits that the
liberty of the Press is recognized by law, and that it is a vene-
rable object, and yet calls for your verdict upon the gr6unc] that
there is no such thing in existence as that which he has admitted,
that the law recognises, and that he himself venerates.
Clinging to the fond but faint hope ',hat you are not capable
of sanctioning, by your oaths, so monstrous an ;^icon.sisteucy, I
ead you to the next sentence upon this record.
" Although lii.s Grace does not appear to know what are the qualities
necessary for a judge in Canada, or for an aid-de-canip in waiting1 at a
court, he surely cannot be ignorant what are requisites tor a lord lieu-
fenaut."
This appears to be a very innocent sentence ; yet the Attorney.
General, the venerator of that protection of the people against a
l-ad government — the liberty of the Press — tells you that it is a
gross libel to impute so much ignorance to hi* Grace. As to the
aid-de-camp, gentlemen, whether he be selected for the brilliancy
of his spurs, the polish of his boots, or the precise angle of his
cocked hat, are grave considerations which 1 refer to you. De-
ride upoii thfcjve atrocities, 1 pray you. But as to the judge in
DANIEL O'COXSELL, ESQ., M.F. 281
Canada, it cannot be any reproach to his Grace to be ignorant of
Kis qualifications. The old French law prevails in Canada, and
there is not a lawyer at the Irish bar, except, perhaps, the At-
torney-General, who is sufficiently acquainted with that law to
know how far any man may be fit for the station of judge iu
Canada.
If this be an ignorance without reproach in Irish lawyers, and
if there be any reproach in it, I feel it not, whilst I avow that
ignorance — yet, surely it is absurd to torture it into a calumny
against the Lord Lieutenant — a military man, and no lawyer.
I doubt whether it would be a libel if my client had said, that
his Grace was ignorant of the qualities necessary for a judge iu
Ireland — for a chief judge, my lord. He has not said so, how-
ever, gentlemen, and true or false, that is not now the question
under consideration. We are in Canada at present, gentlemei*
in a ludicrous search for a libel in a sentence of no great point
or meaning. If you are sapient enough to suspect that it con-
tains a libel, your doubt can only arise from not comprehending
it ; and that, I own, is a doubt difficult to remove. But I mock
you when I talk of this insignificant sentence.
1 shall read the next paragraph at full length. It is connected
with the Canadian sentence : —
" Therefore, were an appeal to be made to him in a dispassionate
and sober moment, we might candidly confess that the Irish woulil no*
foe disappointed in their hopes of a successor, though they would behold
the same smiles, experience the same sincerity, and witness the Bam«
disposition towards conciliation.
" What, though they were deceived in 1795, and found the mildness
of a f 'itsvriliiam a false omen of concord ; though they were duped it
) 800, and found that the privileges of the Catholics did not follow th«
extinction of the parliament, yet, at his departure, he will, no doubt,
rotate good grounds for future expectation ; that his administration was
not the time for Emancipation, but that the season is fast approaching;
that there were "existing circumstances/* but that now the people may
rely upon the virtues even of an hereditary Prince ; that they should
continue to worship the false idol ; that their cries, must, at least, be
heard ; and that, if he has not complied, it is only because he has not
-i>oken. In short, his Grace will in uo way vary from the uniform con-
duct observed by most of his predecessors, first preaching to the confi-
dence of the people, then playing upon their credulity.
He cajze over ignorant — he soon became prejudiced, and then he be-
came intemperate. He takes from tlie people their money ; he eacs in
lh»'ir bread, and drinks of their wine ; iu return, he gives them a bad
government, and, at his departure, leaves them more distracted thaa
ever. Ilia Grace commeuced ids reig'u by flattery, he coutin'ied H in
T
282 SBLEGT SPEECHES OF
oily, he accompanied it with violence, and he will conclude it witk
falsehood."
There is one part of this sentence, for which I most respect-
••'ill/ solicit your indulgence and pardon. Be not exasperated
with us for talking of the mildness of Lord Fitzwilliam, or o{
his administration. But, notwithstanding the violence any
praise of him has excited amongst you, come dispassionately, I
">ray you, to the consideration of the paragraph. Let us ab-
struct the meaning of it from the superfluous words. It cer-
ly does tell you, that his Grace came over ignorant of Irish
and he acquired prejudices upon those subjects, and he
.ui« become intemperate. Let us discuss this part separately
from the other matter suggested by the paragraph! in question.
•That the Duko of Richmond came over to Ireland ignorant of
the details of our domestic policy cannot be matter either of
surprise or of any reproach. A military man engaged in these
pursuits which otherwise occupy persons of his rank, altogether
unconnected with Ireland, he could not have had any induce-
ment to make himself acquainted with the u >tails of our barbarous
wrongs, of our senseless party quarrels, and criminal feuds ; he
was not stimulated to examine them by any interest, nor could
any man be attracted to study them by taste. It is, therefore, no
censure to talk of his ignorance — of that with which it would
be absurd to expect that he should be acquainted ; and the
knowledge of which would neither have served, nor exalted, nor
amused him.
Then, gentlemen, it is said he became " prejudiced." Preju-
diced may sound harsh in your ears ; but you are not, at least
you ought not, to decide upon the sound — it is the sense of tlio
word that should determine you. Now what is the sense of tiw
vord " prejudice" here ? It means the having adopted precisely
the opinions which every one of you entertain. By "prejudice"
the writer means, and can mean, nothing but such sentiments :w
you die risk. When he talks of prejudice, he intends to convey
the idea that the Duke took up the opinion, that the few ought
to govern the many in Ireland ; that there ought to be a favoured
ft id an excluded class in Ireland ; that the burdens of the state
ought to be shared equally, but its benefits conferred on a few.
Such are the ideas conveyed by the word prejudice ; and I fear
losaly ask you, is it a crime to impute to his Grace these notions
.vhich v-«w yourselves entertain? Is he calumniated — is he
libelled, \vlion he is charged with concurring with you, gentle-
men of the jury ? Wiii you, by a verdict of conviction, stamp
DANIEL O'CONNKLL, ESQ., M.P. 283
your own political sentiments with the seal of reprobation ? If
you convict my client, you do this ; you decide that it is a libel
to charge any man with those doctrines which are so useful to
you individually, and of which you boast ; or, you think the
opinions just, and yet tliat it is criminal to charge a man with
those just opinions. For the sake, therefore, of consistency, and
is an approval of your own opinions, I call on you for a verdict
of acquittal.
I need not detain you long on the expression "intemperate /
it does not mean anj charge of excess of indulgence in any en-
joyment ; it is not, as the Attorney-General suggested, an ac-
tiisation of indulging beyond due bounds in the pleasures of the
fable, or of the bottle ; it does not allude, as the Attorney-Gene-
ral says, to midnight orgies, or to morning revels. I admit — I
rreely admit — l.hat an allusion of that kind would savour of libel,
as it would certainly be unnecessary for any purpose of political
aiscussion. But the intemperance here spoken of is mere poli-
tical intemperance ; it is that violence which every man of a
fervid disposition feels in support of his political opinions. Nay
the more pure and honest any man may be in the adoption v
liis opinions, the more likely, and the more justifiable will he b»
in that ardent support of them, which goes by the name of in
temperance.
In short, although political intemperance cannot be deemed
by cold calculators as a virtue, yet it has its source in the purest
virtues of the human heart, and it frequently produces the
greatest advantages to the public. How would it be possible to
overcome the many obstacles which self-interest, and ignorance,
and passion throw in the way of improvement, without some of
that ardour of temper and disposition which grave men call in-
temperance ? And, gentlemen, are not your opinions as deserv-
ing of warm support as the opinion of other men ; or do you
feel any inherent depravity in the political sentiments which the
Duke of Richmond has adopted from you, that would lender him
lepraved or degraded by any violence in their support ? You
nave no alternative. If you convict my client, you condemn,
upon your oaths, your own political creed ; and declare it to
be a libel to charge any man with energy in your cause.
If you are not disposed to go this length of political inconsis-
tency, and if you have determined to avoid the religious incon-
sistency of perjuring yourselves for the good and glory of the
Protestant religion, do, I pray you, examine the rest of this para-
tjraph, and see whether you can, by anv ingenuity, detect that
284 MLECT SPEECHES OF
nondescript a libel in it. It states in substance this : that tint
udministration, treading in the steps of former administrat ions,
preached to the confidence of the people, and played on their
credulity , and that it will end, as those administrations liave
k'one, in some flattering prophecy, paying present disappoint-
ment with the coinage of delusive hope. That this administra-
tion commenced, as usual, with preaching to the confidence of the
people, was neither criminal in the fact, nor can it be unpleasant
in the recital.
It is the immemorial usage of all administrations and of all
vtations, to commence with those civil professions of future ex-
tellence of conduct which are called, and not unaptly, " preacft-
mg to ilt& confidence of the people" The very aetors are generally
sincere at this stage of the political farce ; and it is not insinu-
ated that this administration was not as candid on this subject
as the best of its predecessors. The playing on the credulity oj
the people is the ordinary state trick. You recollect how angry
many of you were with his Grace for his Munster tour, shortly
after his arrival here. You recollect how he checked the Mayor
of Cork for proposing the new favourite Orange toast ; wliat
liberality he displayed to Popish traders and bankers in Limerick ;
and how he returned to the capital, leaving behind him the im-
pression that the no- Popery men had been mistaken in their
choice, and that the Duke of Richmond was the ene*my of every
bigotry — the friend to every liberality ! Was he sincere, gentle-
men of the jury, or was this one of those innocent devices which
are called — playing on the people's credulity ? Was he sincere I
A.sk his subsequent conduct. Have there been since that time any
other or different toasts cheered in his presence ? Has the name
•>f Ireland and of Irishmen been profaned by becoming the sport
jf the warmth excited by the accompaniment to these toasts ?
Some individuals of you could inform me. I see another dignitary
•tf your corporation here (said Mr. O'Connell, turning round
pointedly to the lord mayor) — I see a civic dignitary here, who
could tell of the toasts of these days or nights, and would not
be at a loss to apply the right name — if he were not too prudent
is well as too polite to do so — to that innocent affectation of
liberality which distinguished his Grace's visit to the south of
Ireland. It was, indeed, a play upon our credulity, but it can
be no libel to speak of it as such ; for see the situation in \vhicb
you would place his Grace ; you know he affected conciliation
uiid perfect neutrality between our parties at fin*t ; you know
Lt; lias since taken a marked an/i <* -Mod part with you-
DAAIEL O'CONNKLu, KS<i., M P 285
Surely you are not disposed to call this a crime, as it were, to
convict his Grace of duplicity, and of a vile hypocrisy. No
gentlemen, 1 entreat of you not to calumniate the Duke ; c&\
*his conduct a mere play on the credulity of a people p°aily de
oeived — innocent in its intention, and equally void of guilt i:i
its description. Do not attach to those words a meaning which
v/ould prove that you yourselves condemned, not so much tho
writer of them, as the man who gave colour and countenance to
this assertion. Besides, gentlemen, what is your liberty of tha
Press worth, if it be worthy of a dungeon to assert that the
public credulity has been played upon ? The liberty of the
Press would be less than a dream, a shadow, if every such phrase
be a libel.
But the Attorney- General triumphantly tells you that there
must be a libel in this paragraph, because it ends with a charge
of falsehood. May I ask you to take the entire paragraph to-
gether ? Common sense and your duty require you to do so.
You will then perceive that this charge of falsehood is no more
than an opinion, that the administration of the Duke of Rich-
mond will terminate precisely as that of many of hio predecessors
has done, by an excuse for the past — a flattering and fallacious
promise for the future. Why, you must all of you have seen, a
short time since, an account of a public dinner in London, given
by persons styling themselves " Friends to Religious Liberty."
At that dinner, at which two of the Royal Dukes attended, there
-verfl, I think, no less than four or five noblemen who had filled
the office of lord lieutenant of Ireland. Gentlemen, at this din-
ner, they were ardent in their professions of kindness towards the
Catholics of Ireland, in their declarations of the obvious policy
and justice of conciliation and concession, and they bore ample
testimony to our sufferings and our merits. But I appeal from
their present declarations to their past conduct ; they are no\t
full of liberality and justice to us ; yet, I speak only the truth
of history, when I say that, during their government of thi*
country, no practical benefits resulted from all this wisdom and
dndness of sentiment ; with the single exception of Lord Fitz-
.cilliam, not one of them even attempted to do any good to the
» 'iitholics, or to Ireland.
\VTiat did the Duke of Bedford do for us 1 Jtist nothing
Some civility, indeed, in words — some playing on public credu-
lity— but in act and deed, nothing at all. What did Lord Hard
wicke do for us? Oh, nothing, or rather less than nothing ; his
administration here was. in that respect. *>• kind of negative
28G SELKCT dPKECHE* OF
qualify; ir was cold; harsh, and forbidding to the Cathciich ; le-
nient, mild, and encouraging, to the Orange faction ; the public
tnind lay in the first torpor caused by the mighty fall of the
Union, and whilst we lay entranced in the oblivious pool, Lord
liardwicke's administration proceeded without a trace of that
justice and liberality which it appears he must have thought un-
befitting the season of his government, and which if he then en-
tertained, he certainly concealed ; he ended, however, with giving
i is, flattering hopes for the future. The Duke of Bedford was
more explicit ; he promised in direct terms, *nd drew upon the
future exertions of an hereditary Prince, to compensate us foi
present disappointment. And will any man assert that the Duke
of Richmond is libelled by a comparison with Lord Hardwicke ;
that he is traduced when he is compared with the Duke of Bed-
ford? If the words actually were th-.-ee, "the Duke of Richmond
will terminate his administration eiacilyas Lord Hardwicke and
the Duke of Bedford terminated their administrations ;" if those
were the words, none of you could possibly vote for a conviction,
and yet the meaning is precisely the «a.me. No more is expressed
by the language of my client ; and, if tho meaning be thus clearly
innocent, it would be strange, indeed, to call on you for a verdict
of conviction upon no more solid ground than this, that whilst
the signification was the same, the words were different. And
thus, again, does the prosecutor require of you to separate the
sense from the sound, and to convict for the sound, against the
sense of the passage.
In plain truth, gentlemen, if there be a harshness in the sound,
there is none in the words. The writer describes, and means to
describe, the ordinary termination of- every administration repay-
ing in promise the defaults of performance. And, when he
tpeaks of falsehood, he prophecies merely as to the probable or
At least possible conclusion of the present government. He does
not impute to any precedent, assertion, falsehood ; but he does
predict, that the concluding promise of this, as of other admi-
nistrations, depending as those promises always do upon other
T^ersons for performance, will remain as former promises have
remained — unfulfilled and unperformed. And is this prophecy
— this prediction a crime ? Is it a libel to prophecy \ See what
topics this sage venerator of the liberty of the Press, the Attor-
ney-General, would fain prohibit. First, he tells you, that the
crimes of the predecessors of the Duke must not be mentioned
— and thus he forbids the history of past events. Secondly, he
informs you, that ao allusion is to be made to the errors, follies.
O'CONNKLI* ESQ., M.P. 2^7
or even the striking features of the present governors ; and thus
he forbids the detail of the occurrences of the present day. And,
thirdly, he declares that no conjecture shall be made upon what
is likely to occur hereafter j and thus he forbids all attempts to
anticipate future acts.
It comes simply to this; he talks of venerating the liberties
of the Press, and yet he restrains that Press from discussing past
aistory, present story, and future probabilities ; he prohibits the
past, the present, and the future ; ancient records, modern truth,
ind prophecy, are all within the capacious range of his punish-
ments. Is there anything else? Would this venerator of the
liberty of the Press go further? YeSj^gentlemen, having forbid-
den all matter of history past and present, and all prediction of
the future, he generously throws in abstract principles, and, as
he has told you, that his prisons shall contain every person who
speaks of what was, or what is, or what will be, he likewise con-
signed to the same fate every person who treats of the theory or
principles of government ; and yet he dares to talk of the liberty
of the Press! Can you be his dupes? Will you be his victims?
Where is the conscience — where is the indignant spirit of in-
sulted reason amongst you? Has party feeling extinguished in
/our breasts every glow of virtue — every spark of manhood ?
If there be any warmth about you — if you are not clay-cold
to all but party feeling, I would, with the air and in the tone
of triumph, call you to the consideration of the remaining para-
graph which has been spread on the lengthened indictment be-
fore you. I divide it into two branches, and shall do nc more
n -ith the one than to repeat it. I read it for you already ;
must read it again : —
•' Had he remained what he first came over, or what he afterward*
jTofessed to be, he would have retained his reputation for honest, oper.
hostility, defending his political principles with firmness, perhaps, with
warmth, but without rancour ; the supporter, and not the tool of an
administration ; a mistaken politician, perhaps, but an honourable man,
.'ind a respectable soldier."
Would to God I had to address another jury ! Would to God
1 had reason and judgment to address, and I could entertain no
;> I <prehension from passion or prejudice! Here should I then
take my stand, and require of that unprejudiced jury, whether
tliis sentence does not demonstrate the complete absence of pri-
vate malice or personal hostility. Does not this sentence prove
a kindly disposition towards the individual, mixing and min
with that dibcusaion, which freedom sanctions and requires.
V88 SKI.FCT SPEECHES OF
his political conduct! Contrast this sentence with
vh<j prosecutor's accusation of private malignity, and decide be-
tween Mr. Magee and his calumniators. He, at least, has this
•dvaiitage, that your verdict cannot alter the nature of things ;
xnd that the public must see and feel this truth, that the pre-
sent prosecution is directed against the discussion of the conduct
towards the public, of men confided with public authority ; that
this is a direct attack upon the right to call th*> attention of the
people to the management of the people's affairs, and that, by
your verdict of conviction, it is intended to leave no peaceful or
unawed mode of redress for the wrongs and sufferings of the
But I will not detain you on these obvious topics. We draw
to a close, and I hurry to it. This sentence is said to be parti-
cularly libellous : —
** His party would have been proud of him ; his friends would have
praised (they Deed not have flattered him), and his enemies, though they
might have regretted, must have respected bis conduct ; from the worst
quarter there uould have been gome small tribute of praise ; from none
any great portion of censure ; and his administration, though not popu-
lar, would 1'uve been conducted with dignity, and without offence.
This line of conduct he has taken care to avoid* his original character
/or moderation he has forfeited ; ho can lay no claims to any merits for
neutrality, nor 4oes he e^en deserve the cheerless credit of defensive
operations, lie has begun to act ; he has ceased to be a dispassionate
rhief governor, who views the vicked"e*f» »nd the folly of faction with
fompoHure and forbearance, and stand* , the representative of majesty,
»»loof from the contest. K> descends ; he mixes with the throng ; he
base passions he indulges — whose unworthy resentments he gra-
t'psa, and on whose behalf he at present canvasses."
Well, gentlemen, and did he not canvass on behalf of the mi-
nistry? Was there a titled or untitled servant of the Castle
vho was not despatched to the south to vote against the pop a-
•ar, and for the ministerial candidates? Was there a single in-
dividual within the reach of his Grace that did not vote against
Prittie and Matthew, in Tipperary, and against Hutchinson, in
Cork. I have brought with me some of the newspapers of the
day, in which this partisanship in the Lord Lieutenant is treated
oy Mr. Hutchinsou in language so strong and so pointed, that
/be words of this publication are mildness and softness itself
when « m pared with thnt tangiiflue T shall not read them for
DANIEL O'OONNELL, ESQ., M.P. 2S9
you, because I should fear that you may imagine I unneces-
sarily identified iny client with the violent but the merited re-
probation poured upon the scandalous interference of our go-
vernment with those elections.
I need not, I ain sure, tell you that any interference by the
Lord Lieutenant with the purity of the election of members tc
serve in Parliament, is highly unconstitutional, and highly cri-
minal ; he is doubly bound to the most strict neutrality; first,
as a peer, the lav/ prohiuits his interference ; secondly, as repre-
sentative of the crown, his interfere:***, in elections is an usur-
pation of the people's rights ; it is, in substance and effect, high
treason against the people, and its mischiefs are not the less by
reason of there being no punishment affixed by the law to this
treason.
If this offence, gentlemen, be of daily occurrence — if i* be fre-
quently committed, it is upon that account only the more de-
structive to our liberties, and, therefore, requires the more loud,
direct, and frequent condemnation : indeed, if such practices be
permitted to prevail, there is an end ot every remnant of free-
dom ; our boasted constitution becomes a mockery and an ob-
ject of ridicule, and we ought to desire the manly simplicity of
unmixed despotism. Will the Attorney-General — will his col-
league, the Solicitor-General, deny that I have described this
offence«n its true colours ? Will they attempt to deny the in-
terference of the Duke of Richmond in the late elections ? I
would almost venture to put your verdict upon this, and to con-
sent to a conviction, if any person shall be found so stocked with
audacity, as to presume publicly to deny the interference of his
Grace in the late elections, and his partisanship in favour of the
ministerial candidates. Gentlemen, if that be denied, what will
you, what can you think of the veracity of the man who denies
it ? I fearlessly refer the fact to you ; on that fact I build.
This interference is as notorious as the sun at noon day : and
who shall venture to deny that such interference is described by
a soft term when it is called partisanship ? He who uses the
influence of the executive to control the choice of the represen-
tatives of the people, 'violates the first principles of the constitu-
tion, is guilty of political sacrilege, and profanes the very sanc-
tuary of the people's rights and liberties ; and if he should no*
be called a partisan, it is only because some harsher and mort
appropriate term ought to be applied to his delinquency.
1 will recal to your minds an instance of violation of the «3ois-
, which will illustrate the situation of my client, an«l
2UU HELECT SPEECH E« OP
the protection which, for your own sakes, you owe him. When,
in 1687, King James removed several Protestant rectors in Ire-
laud from their churches, against law and justice, and illegally
and unconstitutionally placed Roman Catholic clergymen in
their stead, would any of you be content that he should be sim-
ply called a partisan ! No, gentlemen, my client and I — Catholic
and Protestant though we be — agree perfectly in this, that par-
tisan would have been too mild a name for him, and that he
should have been branded as a violator of law, as an enemy to
the constitution, and as a crafty tyrant who sought to gratify
the prejudices of one part of his subjects 'hat he might trample
upon the liberties of all. And what, I would fain learn, could
you think of the Attorney-General who prosecuted, or of the
judge who condemned, or of the jury who convicted a printer
for publishing to the world this tyranny — this gross violation of
law and justice ? But how would your indignation be roused,
if James had been only called a partisan, and for calling him a
partisan a Popish jury had been packed, a Popish judge had been
selected, and that the printer, who, you will admit, deserved ap-
plause and reward, met condemnation and punishment.
Of you — of you, shall this story be told, if you convict Mr.
Magee. The Duke has interfered in elections ; he has violated
the liberties of the subject ; he has profaned the very temple of
the constitution ; and he, who has said that in so doing,%c was
a partisan, from your hands expects punishment.
Compare the kindred offences : James deprived the Protestant
rectors of their livings ; he did not persecute, nor did he inter-
fere with their religion ; for tithes, and oblations, and glebes, and
church lands, though solid appendages to any church, are no
part of the Protestant religion. The Protestant religion would,
I presume — and for the honour of human nature I sincerely hope
— continue its influence over the human mind without the aid
of those extrinsic advantages. Its pastors would, I trust and
believe, have remained true to their charge, without the adven-
titious benefits of temporal rewards ; and, like the Roman Catho-
lic Church, it might have shone forth a glorious example of firm-
ness in religion, setting persecution at defiance. James did not
attack the Protestant religion ; I repeat it ; he only attacked
tho revenues of the Protestant Church ; he violated the law and
the constitution, in depriving men of that property, by his indi-
vidual authority, to which they had precisely the same right with
that by which he wore his crown. But ia not the controlling
the election of members of parliament a more dangerous violation
DANIEL O'CONNELL, ESy., 11.1'. ^l«l
of the constitution ? Does it not corrupt the very sources < f legib-
lation, and convert the guardians of the state into its plunderers!
The one was a direct and undisguised crime, capable of being
redressed in the ordinary course of the law, and producing resis-
tance by its open and plain violation of right and of law ; the
other disguises itself in so many shapes, is patronised by so many
high examples, and is followed by such perfect security, that it
becomes the first duty of every man, who possesses any reverence
for the constitution, or any attachment to liberty, to lend all his
efforts to detect, and, if possible, to punish it.
To any man who loved the constitution or freedom, I could
safely appeal for my client's vindication ; or if any displeasure
could be excited in the mind of such a man, it would arise be-
cause of the forbearance and lenity of this publication. But
the Duke is called a frightful partisan. Granted, gentlemen,
granted. And is not the interference I have mentioned fright-
ful ? Is it not terrific 1 Who can contemplate it without shud-
dering at the consequences which it is likely to produce? What
gentler phrase — what lady-like expression should my client use?
The constitution is sought to be violated, and he calls the author
of that violation a frightful partisan. Ilc^ally, gentlemen, the
fastidiousness which would reject this expression would be bet-
ter employed in preventing or punishing crime, than in dragging
10 a dungeon the man who has. the manliness to adhere t<i
truth, and to use it. Recollect also — I cannot repeat it too
often — that the Attorney-General told you, that " the liberty of
the Press was the best protection of the people against the
government." Jfow, if the constitution be violated — if the
purity of election be disturbed by the executive, is not this pre-
cisely the case when this protection becomes necessary ? It is
not wanted, nor can the Press be called a protector, so long as
the government is administered with fidelity, care, and skill,
fhe protection of the Press is requisite only when integrity
diligence, or judgment do not belong to the administration ; airl
that protection becomes the more necessary in the exact propor-
tion in which these qualities are deficient. But, what protection*
cau it afford if you convict in this instance ? For> by doing, so,
you will decide that nothing ought to be said against that want
of honesty, or of attention, or of understanding ; the more ne-
cessary will the protection of the Press become, the more un-
safe will it be to publish rhe truth ; and in the exact proportion
'•a which the Press might be useful, will it become liable to pun
Uihiaeut. In short, nccordiag to the Attorney-General's doctriue
1?'2 SELECT tiPKECHtS OF
when the Press is " best, employed and wanted most,*' it will be
most dangerous to use it. And thus, the more corrupt and
urofligate any administration may be, the more clearly can the
public prosecutor ascertain the sacrifice of his selected victim.
And call you this protection ? Is this a protector who must be
disarmed the moment danger threatens, and is bound a prisoner
the instant the fight has commenced ?
Here I should close the case — here I should shortly recapitu-
late my client's defence, and leave him to your consideration ;
but I have been already too tedious, and shall do no more than
recal to your recollection the purity, the integrity, the entire
disinterestedness of Mr. Magee's motives. If money were his
object, he could easily procure himself to be patronised and sala-
ried ; but he prefers to be persecuted and discountenanced by the
great and powerful, because they cannot deprive him of the cer-
tain expectation, that his exertions are useful to his long-suffer-
ing, ill-requitted country.
He is disinterested, gentlemen ; he is honest ; the Attorney-
General admitted it, and actually took the trouble of adminis-
tering to him advice how to amend his fortune and save his per-
son. But the advice only made his youthful blood mantle in
that ingenious countenance, and his reply was painted in the
indignant look, that told the Attorney-General he might offer
wealth, but he could not bribe — that he might torture, but he
could not terrify ! Yes, gentlemen, firm in his honesty, and
strong in the fervour of his love of Ireland, he fearlessly awaits
your verdict, convinced that even you must respect the man
whom you are called upon to condemn. Look to it, gentlemen ;
consider whether an honest, disinterested man shall be prohibited
from discussing public affairs ; consider whether all but flattery
is to be silent — whether the discussion of the errors and the ca-
pacities of the ministers is to be closed for ever. Whether \ve
are to be silent as to the crimes of former periods — the follies of
the present, and the credulity of the future ; and, above all, re
fleet upon the demand that is made on you to punish the canvass-
ing of abstract principles.
Has the Attorney-General succeeded? Has he procured a
jury so fitted to his object, as to be ready to bury in oblivion
nvery fault and every crime, every error and every imperfection
of public men, past, present, and future — and who shall, in ad-
dition, silence any dissertation on the theory or principle of .
legislation. Do, gentlemen, 30 this length with the prosecutor
and then venture on y^ir oaths. I charge you to venture t9
IV-YliiJfiL OCONNELL, EfiiQ., M.P. 293
talk to your families of the venerable liberty of the Press — the
protection of the people against the vices of the government.
I should conclude, but the Attorney-General compels me to
follow him through another subject ; he has told you, and told
you truly, that besides the matter set out in the indictment —
the entire of which, gentlemen, we have already gone through —
this publication contains severe strictures upon the alleged inde-
licacy in the Chief Justice issuing a ministerial warrant, in a
case which was afterwards to come be to re him judicially, am.
upon the manner in which the jury was attempted to be put to-
gether in Doctor Sheridan's case, and in which a jury was better
arranged in the case of Mr. Kirwan. Indeed, the Attorney-Gene-
ral seemed much delighted with these topics ; he again burst
out into an enraptured encomium upon himself; and, as it were
inspired by his subject, he rose to the dignity of a classical quo-
tation, when he exclaimed, "me me, adsum, quifeci" HE for-
got to add the still more appropriate remainder of the sentence,,
fi meafraus omnis!"
YES, gentlemen, he has avowed with more manliness than dis-
cretion, that he was the contriver of all those measures. With
respect to the warrant which his lordship issued in 'he stead of
the ordinary justices of the peace, and upon a charge nor- amount-
ing to any breach of the peace, I shall say nothing at present.
An obvious delicacy restrains me from entering upon that sub-
ject ; and as the interest of my client does not counteract that
delicacy, I shall refrain. But I would not have it understood
that I have formed no opinion on the subject. Yes, I have
formed an opinion, and a strong and decided opinion, which I
am ready to support as a lawyer and a man, but the expression
of which I now sacrifice to a plain delicacy. But I must say,
that the Attorney-General has thrown new light on this busi-
ness ; he has given us information we did not possess before.
I did not before know that the warrant was sought for and pro-
cured by the Attorney-General ; I thought it was the sponta-
neous act of his lordship, and not in consequence of any private
solicitation from the Attorney-General. In this respect, he has
set me right — it is a fact of considerable value, and although
the consequences to be deduced from it are not pleasing to any
man, loving, as I do, the purity of justice, yet, I most heartily
thank the Attorney-General for thejact — tJie important foci.
His second avowal relates to Dr. Sheridan. It really is com-
fortable to know how much of the indecent scene exhibited upon
his trial belonged to the Attorney-General. He candidly tells
294 SELECT SPEECHES OP
us, that the obtrusion of the polico magistrate, Sirr, as an assii*
taut to the Crown-Solicitor, was the act of the King's Attorney-
General. " Adsum qui fed" said he. Thus he avows that he
procured an Orangeman — I do not exactly understand what is
meant by an Orangeman — some of you could easily tell me — that
he caused this Orangeman to stand in open court, next to the
Solicitor for the Crown, with his written paper, suggesting who
were fit jurors for his purpose, and who should be put by. Gen-
tlemen, he avows that this profligate scene was acted in the open
court, by his directions. It was by the Attorney-General's spe-
cial directions, then, that such men as John Lindsay, of Sack-
ville-street, and John Roche, of Strand-street, were set aside ;
the latter, because, though amongst the most wealthy and re-
spectable merchants in your city, he is a Papist ; and the other,
necause, although a Protestant, he is tainted with liberality
— the only offence, public or private, that could be attributed
to him. Yes, such men as these were set aside by the Attorney-
General's aid-de-camp, the salaried justice of the police office.
TJie next avowal is also precious. This publication contains
also a commentary on the Castle-list jury that convicted Mr.
Kirwan, and the Attorney-General has also avowed his bhare in
that transaction ; he thus supplies the only link we wanted in
our chain of evidence, when we challenged the array upon that
"rial. If we could have proved that which the Attorney- Gene-
ral, with his " adsum gui fed" yesterday admitted, we should
have succeeded and got rid of that panel. Even now, it is de-
lightful to understand the entire machinery, and one now sees
at once the reason why Sir Charles Saxton was not examined
an the part of the crown, in reply to the case we made. He
would, you now plainly see, have traced the arrangement to the
Attorney-General, and the array must have been quashed. Thus
jn the boasting humour of this Attorney-General, he has brought
Vonie to himself personally, that which we attributed to him only
in his official capacity, and he has convicted the man of that
which we charged only upon the office. •
He has, he must have a motive for this avowal ; if he had
not an adequate object in view, he would not have thus unne-
cessarily and wantonly taken upon himself all the reproach of
f.hose transactions. He would not have boasted of having, out
of court, solicited an extra-judicial opinion, in the form of a war-
rant from his lordship; he would not havegloned in employing
an Orangeman from the police office to assist him in open court,
wjth instructions in writing how to pacv his jury ; stili le«?
DANIEL O'CONNELL, ESQ., M.F. 295
vould he have suffered it to believed that he was a party at the
f.'astle, with the acting Secretary of State, to the arrangement
of the jury that was afterwards to try a person prosecuted by
the state.
He would not have made this, I must say, disgraceful avowal,
unless he were influenced by an adequate motive. I can easily
tell you what that motive was. He knew your prejudices — iw
kne\v vour antipathy — alas ! your interested antipathy — to th*
Catholics, and, therefore, in order to induce you to convict
Protestant of a libel for a publication, innocent, if not useful in
itself, in order to procure that conviction from your party feel
ings and your prejudices, which he despaired of obtaining from
your judgments, he vaunts himself to you as the mighty destroy ei
of the hopes of Popish petitioners — as a man capable of every
act within, as out of the profession, to prevent or impede any
relief to the Papists. In short, he wishes to show himself to you
as an active partisan at your side ; and upon those merits he who
knows you best, claims your verdict — a verdict which must be
^iven in on your oaths, and attested by and in the name of the
GOD of the Christians.
For my part I frankly avow that I shudder at these scenes •
I cannot, without horror, view this interfering and intermeddling
with judges and juries, and my abhorrence must be augmentea
when I find it avowed, that the actors in all these sad exhibi
tions were the mere puppets of the Attorney-General, moved by
his wires, and performing under his control. It is in vain it
look for safety to person or property, whilst this system is
allowed to pervade our courts; the very fountain of justice ma}
be corrupted at its source, and those waters which should confer
health and vigour throughout the land, can then diffuse nought
but mephitic and pestilential vapours to disgust and to destroy.
Tf honesty, if justice be silent, yet prudence ought to check
these practices. We live in a new era — a melancholy era, in
which perfidy and profligacy are sanctioned by high authority •
the base violation of plighted faith, the deep stain of dishonour,
infidelity in love, treachery m friendship, the abandonment of
every principle, and the adoption of every frivolity and of every
vice that can excite hatred combined with ridicule — all — alt this,
and more, may be seen around us ; and yet it is believed, it is
expected, that this system is fated to be eternal. Gentlemen,
we shall all weep the insane delusion ; and in the terrific moments
of altercation you know not, you cannot know, how soon or how
2'JG ariJX T SPEECHES OF
bitterly the ingredients of your own poisoned chalice m&y be
commended to your own lips.
With these views around us — with these horrible prospects
lying obscurely before us — in sadness and in sorrow party feelings
may fird a solitary consolation. My heart feels a species of re-
lief wheii 1 recollect that not one single Roman Catholic has been
found suited to the Attorney-General's purpose. With what
an affectation of liberality would he have placed, at least, one
Roman Catholic on his juries, if he could have found one Roman
Catholic gentleman in this city capable of being managed into
h'tnoc<3 for those juries. You well know that the very first mer-
chants of this city, in wealth as well as in character, are Catho-
licc. Some of you serve occasionally on special juries in impor-
tant cases of private property. Have you ever seen one of those
special juries without many Catholics 1 — frequently a majority
— seldom less than one-half of Catholics. Why are Catholics
excluded from these state juries 1 Who shall venture to avov
the reason i Oh, for the partisan indiscretion that would blindly
avow the reason! It is, in truth, a high compliment, which
persecution, in spite of itself, pays to independent integrity.
It IH. in fact, a compliment. It is intended for a reproach,
for a libel. It is meant to insinuate that such a man, for ex-
ample, as Randal McDonnell — the pride and boast of commerce
— one of the first contributors to the revenues of the state, and
the first in all the sweet charities of social life — would refuse to
do justice, upon his oath, to the Crown, and perjure himself in
a state trial, because he is a Roman Catholic. You, even you,
would be shocked, if any man were so audacious as to assert, in
words, so foul a libel, so false a calumny ; and } et what doe«
the conduct of the Attorney-General amount to? Why, practi-
cally, to just such a libel, to precisely such a calumny. He acts a
part which he would not venture to speak, and endeavours silently
to inflict a censure which no man could be found so devoid of
shame as to assert in words. And here, gentlemen, is a libel
for which there is no punishment ; here. is a profligate calumny
for which the law furnishes no redress ; he can continue to ca
iumniate us by his rejection. See whether he does not offer you
a greater insult by his selection ; lay your hands to your hearts,
and in private communion with yourselves, ask the reason why
you have been sought for and selected for this jury — will you
discover that you have been selected because of admitted impar
?
DANIEL O'CONNELL, ESQ., M.P. 207
Would to GOD you could make that discovery ! It would be
one on which my client might build the certain expectation of
a triumphant acquittal.
Let me transport you from the heat and fury of domestic-
politics ; let me place you in a foreign land ; you are Protestants,
with your good leave, you shall, for a moment, be Portuguese,
and Portuguese is now an honourable name, for right well have
the people of Portugal fought for their country, against the
foreign invader. Oh ! how easy to procure a similar spirit, and
more of bravery, amongst the people of Ireland ! The slight
purchase of good words, and a kindly disposition, would convert
them into an impenetrable guard for the safety of the Throne
*nd the State. But advice and regret are equally unavailing,
and they are doomed to calumny and oppression, the reality of
persecution, and the mockery of justice, until some fatal hour
shall arrive, which may preach wisdom to the dupes, and menace
with punishment the oppressor.
In the meantime I must place you in Portugal. Let us sup-
pose fbr an instant that the Protestant religion is thaV ?f the
people of Portugal — the Catholic, that of the government — that
the house of Braganza has not reigned, but that Portugal is still
governed by the viceroy of a foreign nation, from whom no kind-
ness, no favour has ever flowed, and from whom justice has
rarely been obtained, and upon those unfrequent occasions, not
conceded generously, but extorted by force, or wrung from dis-
tress by terror and apprehension, in a stinted measure and un-
gracious manner ; you, Protestants, shall form, not as with us in
Ireland, nine-tenths, but some lesser number, you shall be only
four-fifths of the population ; and all the persecution which you
have yourselves practised here upon Papists, whilst you, at the
same time, accused the Papists of the crime of being persecutors,
shall glow around ; your native land shall be to you the country
of strangers ; you shall be aliens in the soil that gave you birth,
and whilst every foreigner may, in the land of your forefathers,
attain rank, station, emolument, honours, you alone shall be ex-
cluded ; and you shall be excluded for no other reason but a
conscientious abhorrence to the religion of your ancestors.
Only think, gentlemen, of the scandalous injustice of punishing
you because you are Protestants. With what scorn — with what
contempt do you not listen to the stale pretences — to the mise-
rable excuses by which, under the name of state reasons and
political arguments:, your exclusion and degradation are sought
to be justified. Your reply is ready — "perform your iniqiiity
u
208 SELECT SPEECHES OP
—men of crimes (you exclaim) be unjust — punish us for om
fidelity and honest adherence to truth, but insult us not by sup-
posing that your reasoning can impose upon a single individual
tither of us or of yourselves." In this situation let me give you
a viceroy; he shall be a man who may be styled — by some per-
son disposed to exaggerate, beyond bounds, his merits, and to
flatter him more than enough — " an honourable man and a re-
spectable soldier," but, in point of fact, he shall be of that little-
minded class of beings who are suited to be the plaything of knaves
— one of those men who imagine they govern a nation, whilst,
in reality they are but the instruments upon which the crafty
play with safety and with profit. Take such a man for your
viceroy — Protestant Portuguese. We shall begin with making
this tour from Tralos Montes to the kingdom of Algesiras — as one
amongst us should say, from the Giant's Causeway to the king-
dom of Kerry. Upon his tour he shall affect great candour and
good-will to the poor suffering Protestants. The bloody anni-
versaries of the inquisitorial triumphs of former days shall be for
a season abandoned, and over our inherent hostility the garb ot
hypocrisy shall, for a season, be thrown. Enmity to the Protest- ;
ants shall become, for a moment, less apparent ; but it will be
only the more odious for the transitory disguise.
The delusion of the hour having served its purpose, your
viceroy shows himself in his native colours ; he selects for office,
and prefers for his pension-list, the men miserable in ;ntellect,
if they be but virulent against the Protestants ; to rail against
the Protestant religion — to turn its holiest rites into ridicule —
to slander the individual Protestants, are the surest, the only
means to obtain his favour and patronage. He selects from his
Popish bigots some being more canine than human, who, not
having talents to sell, brings to the market of bigotry his impu-
dence— who, with no quality under heaven, but gross, vulgar,
acrimonious, disgustful, and shameless abuse of Protestantism
to recommend him shall bo promoted to some accountant-gene-
ralship, and shall riot in the spoils of the people he traduces, as
it were to crown with insult the severest injuries. This viceroy
selects for his favourite privy councillor some learned doctor,
half lawyer, half divine, an entire brute, distinguished by the un-
blushing repetition of calumnies against the Protestants. This
man has asserted that Protestants are perjurers and murderere
in principle — that they keep no faith with Papists, but hold it
luwful and meritorious to violate every engagement, and commit
atrocity towards any person who happens to differ witc
DANIEL O'CCNNELL, ESQ., M.P. 290
Protestants in religious belief. This man raves thus, in public,
against the Protestants, and has turned his ravings into large per-
sonal emoluments. But whilst he is the oracle of minor bigots,
he does not believe himself, he has selected for the partner o*
his tenderest joys, of his most ecstatic moments — he has chosen
for the intended mother of his children, for the sweetener and
solace of his every care, a Protestant, gentlemen of the jury.
Next to the vile instruments of bigotry, his accountant-gene-
ral and privy councillor, we will place his acts. The Protestants
of Portugal shall be exposed to insult and slaughter; an Orange
party — a party of Popish Orangemen, shall be supposed to exist ;
they shall have liberty to slaughter the unarmed and defenceless
Protestants, and as they sit peaceably at their firesides. They
shall be let loose in some Portuguese district, called Monaghaii;
they shall cover the streets of some Portuguese town of Belfast
with human gore ; and in the metropolis of Lisbon, the Protes-
tant widow shall have her harmless child murdered in the noon
day, and his blood shall have flowed unrequited, because his as-
sassin was very loyal when he was drunk, and had an irresisti-
ble propensity to signalise his loyalty by killing Protestants.
Behold, gentlemen, this viceroy depriving of command, and stay-
ing the promotion of, every military man who shall dare to think
Protestants men, or who shall presume to suggest that they
ought not to be prosecuted. Behold this viceroy promoting and
rewarding the men who insulted and attempted to degrade the
first of your Protestant nobility. Behold him in public, the
man I have described.
In his personal concerns he receives an enormous revenue from
the people he thus misgoverns. See in his management of that
revenue a parsimony at which even his enemies blush. See the
paltry sum of a single joe refused to any Protestant charity,
whilst his bounty is unknown even at the Popish institutions
for benevolent purposes. See the most wasteful expenditure of
the public money — every job patronised — every profligacy en-
couraged. See the resources of Portugal diminished. See her
discords and her internal feuds increased. And, lastly, behold
the course of justice perverted and corrupted.
It is thus, gentleman, the Protestant Portuguese seek to ob-
tain relief by humble* petition and supplication. There can bt?
no crime surely for a Protestant oppressed, because he follows ?i
religion which is, in his opinion, true, to endeavour to obtain
relief by mildly representing to his Popish oppressors, that it is
the right of every man to worship Ibe Deity according to the
300 SELECT SPEECHES OP
dictates of his own conscience ; to state respectfully to the go
verning powers that it is \mjust, and may be highly impolitic to
punish men, merely because they do not profess Popery, which
they do not believe ; and to submit, with all humility, that to
lay the burdens of the state equally, and distribute its bene-
fits partially, is not justice, but, although sanctioned by the pre-
tence of religious zeal, is, in truth, iniquity, and palpably crimi-
nal. Well, gentlemen, fgr daring thus to remonstrate, the Pro-
testants are persecuted. The first step in the persecution is to
pervert the plain meaning of the Portuguese language, and a
[aw prohibiting any disguise in apparel, shall be applied to the
ordinary dress of the individual ; it reminds one of pretence and
purpose.
To carry on these persecutions, the viceroy chooses for his
first inquisitor the descendant of some Popish refugee — some
man with an hereditary hatred to Protestants; he is not the
son of an Irishman, this refugee inquisitor — no, for the fact ia
notorious, that the Irish refugee Papists were ever distinguished
for their liberality, as well as for their gallantry in the field and
talent in the cabinet. This inquisitor shall be, gentlemen, a
descendant from one of those English Papists, who was the dupe
or contriver of the Gunpowder Plot! With such a chief inquisi-
tor, can you conceive anything more calculated to rouse you to
agony than the solemn mockery of your trial. This chief inqui-
sitor begins by influencing the judges out of court ; he proceeds
to inquire out fit men for his interior tribunal, which, for brevity,
we will call a jury. HE selects his juries from the most violent
of the Popish Orangemen of the city, and procures a conviction
against law and common sense, and without evidence. Have you
followed me, gentlemen? Do you enter into the feelings of Pro-
testants thus insulted, thus oppressed, thus persecuted — their
enemies and traducers promoted, and encouraged, and richly re-
warded— their triends discountenanced and displaced — their per-
sons unprotected, and their characters assailed by hired caitm>
niators — their blood shed with impunity — their revenues parsi-
moniously spared to accumulate for the individual, wasteful!*
squandered for the state — the emblems of discord, the war-cry
of disunion, sanctioned by the highest authority, and Justice
herself converted from an impartial arbitrator into a frightful
partisan?
Yes, gentlemen, place yourselves as Protestants under such a
persecution. Behold before you this chief inquisitor, with his
prejudiced tribunal — this gambler, with a loaded die • and now
DANIEL OCONNELL, EbQ., M.P. 301
say what are your feelings — what are your sensations of disgust,
abhorrence, affright? But if at such a moment some ardent and
enthusiastic Papist, regardless of his interests, and roused by tha
crimes that were thus committed against you, should describe,
in measured, and cautious, and cold language, scenes of oppres-
sion and iniquity — if he were to describe them, not as 1 have
done, but in feeble and mild language, and simply state the facts
for your benefit and the instruction of*the public — if this liberal
Papist, for this, were dragged to the Inquisition, as for a crime,
and menaced with a dungeon for years, good and gracious God !
how would you revolt at and abominate the men who could con-
sign him to that dungeon ! With what an eye of contempt, and
hatred, and despair, would you not look at the packed and pro-
fligate tribunal, which could direct punishment against him who
deserved rewards ! What pity would you not feel for the advo-
cate who heavily, and without hope, laboured in his defence!
and with what agonized and frenzied despair would you not look
to the future destiuies of a land in which perjury was organized
and from which humanity and justice had been for ever banished !
With this picture of yourselves in Portugal, come home to us
in Ireland, say is that a crime, when applied to Protestants,
which is a virtue and a merit when applied to Papists ? Behold
how we suffer here ; and then reflect, that is is principally by rea-
son of your prejudices against us that the Attorney- General
hopes for your verdict. The good man has talked of his impar-
tiality ; he will suppress, he says, the licentiousness of the Press.
I have, I hope, shown you the right of my client to discuss the
public subjects which he has discussed in the manner they are
treated of in the publication before you, yet he is prosecuted.
Let me read for you a paragraph which the Attorney- General
has not prosecuted — which he has refused to prosecute :
" BALLTBAY, JULY 4, 1813.
" A meeting of the Orange Lodges was agreed on, in consequence
of the manner in which the Catholics wished to have persecuted the
loyalists in this county last year, when they even murdered some of them
for no other reason than their being yeomen and Protestants.1'
And, again —
" It was at Ballybay that the Catholics murdered one Hughes, a yeo-
man sergeant for being a Protestant, as was given in evidence at the
assizes by a Catholic witness"
I have read this passage from the Hibernian Journal of the
7 tli of this month. I know not whether voi' can hear, unmove4.
802 bELECT SPEECHES OF
ft par? jTaph which makes my blood boil to r?ad ; but I shall
only tell you, that the Attorney-General refused to prosecute
*his libeller. Gentlemen, there have been several murders com-
mitted jn the county of Monaghan, in which Ballybay lies. The
Arsons killed happened to be Roman Catholics ; their murder-
ers are Orangemen. Several of the persons accused of these mur-
ilers are to be tried at the ensuing assizes. The agent applied
to me personally, with tnis newspaper ; he stated that the ob-
rious intention was to create a prejudice upon the approaching
trials favourable to the murderers, and against the prosecutors.
He stated what you — even you — will easily believe, that there
never was a falsehood more flagitiously destitute of truth than
the entire paragraph. I advised him, gentlemen, to wait on the
Attorney- General in the most respectful manner possible ; to
show him this paragraph, then to request to be allowed to satisfy
him as to the utter falsehood of the assertions which this para^
graph contained, which could be more easily done, as the judges
who went that circuit could prove part of it to be false ; and I
directed him to entreat that the Attorney-General, when fully
Kitisfied of the falsehood, would prosecute the publisher of this,
which, I think, I may call an atrocious libel.
Gentlemen, the Attorney- General was accordingly waited on ;
he was respectfully requested to prosecute upon the terms of
having the falsehood of these assertions first proved to him. 1
need not tell you ne refused. These are not the libellers he pro-
secutes. Gentlemen, this not being a libel on any individual,
no private individual can prosecute for it; and the Attorney-
General turns his Press loose on the Catholics of the county of
Monaghan, whilst he virulently assails Mr. Magee for what must
fee admitted to be comparatively mild and inoffensive.
No, gentlemen, he does not prosecute this libel. On the con-
trary, this paper is paid enormous sums of the public money.
There are no less than five proclamations in the paper containing
this libel ; and, it was proved in my presence, in a court of jus-
tice, that, besides the proclamations and public advertisements,
the two proprietors of the paper had each a pension of £400 per
annum, for supporting government, as it was called. Since that
period one of those proprietors has got an office worth, at least,
£800 a year ; and the son of the other, a place of upwards of
£400 per annum : so that, as it is likely that the original pen
sions continue, here may be an annual income of £2,000 paid
for this paper, besides the thousands of pounds annually, which
the insertion of the proclamations and public advertisement*
DANIEL o'CQNNiSLL, tSQ., M.L1. 303
cost. It is a paper of the very lowest and most paltry scale of
talent, and its circulation is, fortunately, very limited ; but it
receives several thousands of pounds of the money of the men
xvhom it foully and falsely calumniates.
Would I could see the man who pays this proclamation money
and these pensions at the Castle. [Here Mr. O'Connell turned
round to where Mr. Peele* sat.] Would I could see the man
who, against the fact, asserted that the proclamations were in-
serted in all the papers, save in those whose proprietors were
convicted of a libel. I would ask him whether this be a paper
that ought to receive the mooey of the Irish people ? — whether
this be the legitimate use of the public purse ? And when you
find this calumniator salaried and rewarded, where is the impar-
tiality, the justice, or even the decency of prosecuting Mr. Magee
for 'a libel, merely because he has not praised public men, and
has discussed public affairs in the spirit of freedom and of the
constitution. Contrast the situation of Mr. Magee with the pro-
prietor of the Hibernian Journal ; the one is prosecuted with
all the weight and influence of the crown, the other pensioned
by the ministers of the crown ; the one dragged to your bar for
the sober discussion of political topics, the other hired to dis-
seminate the most horrid calumnies ! Let the Attorney-General
now boast of his impartiality ; can you credit him on your oaths?
Let him talk of his veneration for the liberty of the Press ; can
•you believe him in your consciences ? Let him call the Press
the protection of the people against the government. Yes, gen-
tlemen, believe him when he says so. Let the Press be the pro-
tection of the people ; he admits that it ought to be so. Will
you find a verdict for him, that shall contradict the only asser-
tion upon which he and I, however, are both agreed ?
Gentlemen, the Attorney-General is bound by this admission ;
tt is part of his case, and he is the prosecutor here; it is a part of
the evidence before you, for he is the prosecutor. Then, gentle-
men, it is your duty to act upon that evidence, and to allow the
Press to afford some protection to the people.
Is there amongst you any one friend to freedom? Is there
amongst you one man, who esteems equal and impartial justice,
who values the people's rights as the foundation of private happi-
nes, and who considers life as no boon without liberty? Is there
.amongst you one friend to the constitution — one man who hates
oppression) If there be, Mr. Magee appeals to his kindred mind,
and confidently expects an acquittal.
* Chief Secretary to the Lord Lieutenant.
304
SELECT SPEECHES OF
There are amongst you men of great religious zeal — of much
}>ublic piety. Are you sincere 1 Do you believe what you pro-
toss 1 With all this zeal — with all this piety, is there any con-
science amongst you ? Is there any terror of violating your
oaths? Be ye hypocrites, or does genuine religion inspire ye?
if you be sincere — if you have conscience — if your oaths can
control your interests, then Mr. Magee confidently expects an
acquittal.
If amongst you there be cherished one ray of pure religion —
if amongst you there glow a single spark of liberty — if I have
alarmed religion, or roused the spirit of freedom in one breast
amongst you, Mr. Magee is safe, and his country is served ; but
if there be none — if you be slaves and hypocrites, he will await
your verdict, and despise it
And slaves, hypocrites, and bigote they ittwxl thenwolves, by finding a verdict for th«
Crown
CORK CATHOLIC MEETING.
August 30, 1813.
U E now approach the period when the noted " Veto" controversy began to rage in Ireland.
The next speech of Mr. O'Connell's was delivered during the progress of a species of agitat-
ing circuit through the South of Ireland, to rally opinion there against the measure in
question. The " Catholic Board of the City and County of Cork" was understood to con-
tain several parties favourable to giving the Government control over the nomination of
cur bishops, by means of this proposed Veto; and in order a littte to illustrate the divi-
Mons in the Catholic body generally upon the measure, we give, not only Mr. O'Connell'u
speech itself, but also much of the newspaper report of the circumstances under which it
v as delivered : —
The most numerous and respectable meeting of our Catholic countrymen that has
ever been witnessed in this city, was held on last Monday (30th August). Pursuant to the
appointment of the Board, the place of meeting was changed from the Patrick-street Thea-
tre to the Lanoasterian School; and accordingly, at twelve o'clock, upwards of ten thou-
^and persons attended At this hour, the members of the Board proceeded to take thei^
i«tatft>n in the School-room. The chair was placed upon a small table, and no hustings
raised, which created grea* inconvenience. There were no seats prepared, except within &
Baling intended for the accommodation of the Board and their select friends. This total
r.cglect of arrangement, and the evident insufficiency of the room to contain the thousands
v.ho crowded to the meeting, gave rise to a general cry of adjournment, which no exertions
of the gentlemen near the chair could induce the meeting to suppress. At length James
Roche, Esq., proposed John Galway, of Lota, to 311 the chair; and Mr. Galway having
Immediately complied with this invitation, a general outcry was raised against the propri
•fc of placing that gentleman In the chair. He, however, persist? 1 in holding his place;
od fie opposition of the meeting continued equally determined. Mr. Roche frequent^)
DANIEL O'COXXELL, ESQ., M.P. 30*1
ttid^vrrert to satisfy the meeting of the fitness of Mr. G.-ilwhy to f.ll that nation, an
rt^tr.irieurted them at least to 117 him, but the general complaint against the vote given
ty that gentleman at the General Board in Dublin, in opposition to the motion of thank*
tc the p'-elates, was repeated in several charpes, as replies to Mr. Roche's request. In the
midst of this confusion, Counsellor O'Regan took out from his pocket a sheet of paper with
some writing upon it, which, as well as we could collect, contained the resolutions intended
to be proposed by the Board for the adoption of the meeting, and was proceeding to rcv.J
them, ^\hen he was interrupted by Counsellor Mac Donnell, who called upon him not t*.
endeavour Lu pass his resolutions in such a manner, and at «meh a moment. Mr. O'Regan
did not then procee'l, but Mr. Ro^he again renewed his endea\ours to reconcile tho meet-
ing to Mr. Galway as their chairman, but they would not consent; and the opposition hav-
ing continued unabated fur n very considerable period of time, Mr. Mac Donnei' snggesie*
to the Board the prudence of substituting another chairman. No answer being given to
this, Mr. Mac Donnell addressed the chair, and movea that Mr. Roche should talce the
chair. This motion was sanctioned by almost tho unanimous voice of the meeting, but thtf
questitn was not put, and consequently the confusion continued,
Mr. Mac Donnell then proceeded to the place where the Board were assembled, and afte!
some conversation between Mr. Roche nnd other members of the Board with that gentle
man, Mr. Roche again addressed the meeting, and begged they would allow the Board to
consider among themselves for a few minutes, and that he could assure them all their rea-
sonable desires should be complied with. This proposition of Mr. Eoche was loudly cheered
and the Board proceeded to deliberate for about ten minutes, w hen Richard Barry, of
.Harry's Lodge, Esq., one of the Board, exclaimed, in a very loud voice, " Will you suffer
the proceedings of the day to go on?" Some persons from the crowd replied, "No; net
until you have another chairman ;" upon which the Board retired from the meeting. This
secession excited great agitation and disgust Mr. Mac Donnell entreated the gentlemen
present to observe strict temperance, as he assured them they could not more gratify the
enemies, tlian by a violation of good order. He suggesttxi the propriety of appointing an-
other chairman at once, as the members of tho Board had thonght proper to withdraw
He recommended for tbeir choice a gentleman who had done more for their city than any
one of those who had then left them— Mr. Timothy Mahony, of Blackpool This proposi-
tion u as received with '.uad plaudits, and in the meantime Counsellor O'Connell made hia
appearance, and was immediately caeered by the greetings and benedictions of the meet-
icg. He was conducted to the chair, and when the uproar of patriotic exultation which
his presence had created had somewhat subsided he addressed the meeting. He told them
that the success of their cause depended on the unanimity of their body : and illustrated
iu a most happy strain of eloquence, the advantages of union, and the evils of division.
These propositions were cheered by unanimous applause, and Mr. O'Connell then finding
the public feeling to be so well disposed, he quitted the room for the purpose of seeing tho
Board. When Mr. O'Connell had retired, Mr. Mac Donnell again proposed Mr. Mahony a*
chairman, and the cry for Mr. Mahony became general ; but owing to the pressure of the
crowd in the room, that respectable gentleman had found it necessary to retire. On this
being ascertained, Counsellor O'Leary was proposed by Mr. Mac Donnell, and called to the
chair by the unanimous voice of the meeting, and, being conducted thereto, the most per,
feet order prevailed. By this time the heat and pressure in the room became insupport
allc, and several thousands, who could not gain admittance, became clamorous for an
adjournment, which was agreed to unanimously ; and the meeting adjourned, accordingly,
*o an extensive open plain, immediately adjoining the School room. When Counsellor
O'Leary liad taken the chair at this adjourned place of meeting, Timothy Mahony, Esq,
addressed him and the meeting, stating that in declining- the very high honour they wore
kind enough to offer him, he was not influenced by any unwillingness to contribute his
humble mite to the support of the great cauje they were assembled to advance ; but, con •
«cious of his own feeble abilities to fill so exalted a station, he willingly and gratefn*y
resigned the chair to the highly able and respectable gentleman who hud 50 p-opcrly I e«
called to it
306 SELECT SPEECHES OS
Jseveral most respectable Protestant gentlemen oeing observed at a distant, thr.ro n-«n ,1
general expression of wishes for their accommodation, when
Counsellor Dennis advwnced. to the chair, and addresseu the meeting to the foil >win->
effect :-
"Mr. Chairman and Gentlemen — I beg to make one observation : I am at this moment
honoured with being the mouth-piece of those good and Torthy Protestant gentlemen who
^ave assembled here to sanction by their presence, and assist by their voices, the great,
the glorious, and the just cause in which ye and ourselves are embarked. Gentlemen, wo
tire distinctly and deservedly your friends — the friends of justice and of truth, because we
are the friends of the Irish people, of Irish Catholics, the best and the most virtuous men
upon tha face of the earth. But, gentlemen, we lament to behold anything like a division
between you ; your great object should be conciliation ; it is the desire of your Protestant
fiicnds ; they have no wish to indulge in any but that of general conciliation, because the.
know that if you do not draw together, you give the triumph to your bitter and irreeon
tilcable enemies. But when I look round and behold this immense and respectable meet-
/nil, there can be no doubt of success. Gentlemen, as your dissenting party were retiring
liciui you, they entreated of us, your Protestant friends, to accompany them, but we
cfu&d, because we would not identify ourselves with any party in the Catholic body ; yoi«
nmsi allow us to act in the same manner towards you. No, those steady and long-trie,-
friends to your cause— Stawcll, Beamish, Crawford— will not attach themselves to 4i>\
party, but go with the unanimous voice of the irtsh Catholics. Having stated thus, allow
mo to mention the resolution we have come to ; we will retire for the present in the hope
of an arrangement between yourselves. Allow me, for the present, to depart: accept my
warm and ardent feeling— be firm, be united, be unanimous amongst yourselves and your
enlightened, liberal, and patriotic friends wiil be at their post'*
Counsellor Mac Donnell then addressed the meeting : —
"Mr. Chairman and Gentlemen— We have heard the statement of Counsellor Demis-
the statement of that good uml amiable friend. It is true we have a division, but we have
no right to complain of the principle which occasions this division. Gentlemen, under our
circumstances, our ProtesUnt friends have taken a high and an exalted stand ; they have
not descended to connect themr-elves with that feeble party which nave occasioned thi*
internal division ; but the very circumstance of their explanation proves the respect they
Viar to yon ; as they would not condescend to any explanation with you, if they did not
espcct you, and they arc entitled to our warmest thanks. Bat, gentlemen, without obser--
mig upon the conduct of those persons who have deserted your great cause ; yet it .s a
J.uy we owe to ourselves, pointedly to mark the conduct which brought about this divi-
ion. We are called unanimously to pronounce upon the cor.luct of those arrogant men
i ho will not condescend to act with us, unless suffered to lead and drive the people as
jiey may choose ; but yet, under all these circumstances, I will call upon you to give up
resentment — to forget the injuries they have done you, and I would even still reach out the
five, rather than flourish the laurel. Would they were no v within my hearing, that they
might return and discharge the duty — the imperative duty which they owe the great cause
they are engaged in, how freely would we forgive and forget our injuries; nay, to the very
last moment we will be ready to receive them. But I fear a disappointment ; however, we
know the principle upon which we act, and we will be firm to our duty. They fancied
they could assemble a party in that building, and carry their wishes with a high hand
iigainst the general voice of the people. Gentlemen, was that a fit hole to drive this im-
mense assembly into f— (cries of " no, no.") No, it was not ; and even if it had bean filled,
certain death would have been the consequence to some. Look at the immense concourse
of persons iu every direction about — Protestant and Catholic — and see if that was a lit
place, without air, seats, or any accommodation whatever 1 Yet this was the place selected
in despite of every remonstrance ; and what was the precious reason given by those gen-
tlemen to the earnest and repeated solicitations made to them ? why, gentlemen, a reason
which no Orangeman would have dared to have offered, or dared to have insulted your ear
were disinclined to enter a chapel, at they war* of raid of the cferyy"
I>A.N1KL o'CONXELL, ESQ., M.T% 307
\Vh\. gentlemen, at this day, are wo forgetting all duty, forgetting all obligation, forget-
ting all truth, constancy, and honour? are we to allow ourselves to be the slaves of such
coarec and vulgar bigotry, " that they were afraid of the clergy ?" The Catholic clergy
have never yfct betrayed or neglected 'their duty, they are above the slanders of their
calumniators. Gentlemen, under the guidance and direction of several Catholic gentle-
men of this great county and city of Cork, I will proceed to submit seme few resolution?
for your adoption ; but before I proceed, give me leave to observe upon some suggestions
«hlch were laid before the committee, by their own desire, nearly a fortnight ago, for the
purpose of their framing resolutions founded upon those suggestions ; and, gentlemen,
rwtd those suggestions now to you, in order to satisfy you that neither I, nor the respect
able gentlemen with whom I had the honour to act, ever interfered until their interference
became actually necessary ; the following are the suggestions as delivered to them :—
"SUGGESTED PROCEEDINGS FOR THE NEXT AGGREGATE MEETING.
" ' Meeting to be held in the North or South Chapel ; the keys to be delivered to James
Uoche, Esq., previous to rhe meeting.
" ' IMerminatlon to petition for unconditional Emancipation.
41 'Direct condemnation of ecclesiastical arrangements in the late bill
" ' Approval of, and gratitude to the prelates for their general conduct, and particular!}
for their late address and resolutions.
" ' Thanks to Dr. Milner for his opposition to the late ill, and faithful discharge of his
antics as ngent to the Irish bishops.
" ' Thanks to the members of the Church of Scotland and Synod of Ulster.
" ' Approbation of the conduct of the General Board.
" ' Declaration of the expiration of the term for which the Cork Board was appointed
nnd appointing persons who shall co-operate in Dublin with the General Board in present
ing the petition, Ac. ; the object being to suspend for the present the sittings of a local
Board. No resolution to be proposed of either approval or disapproval of the conduct 01
the Cork Board.
" ' Adoption of general petition. .
"Thanks to Donoughmore and friends in Lords. Grattan having been thanked atla*t
meeting, quere propriety of repetition of thanks to him, as Donoughmoro was not theu,
named ?
" 'Thanks and gratitude to John Mugee, Esq., for his undeviating support of Catholic
I ntcrests.'
"Gentlemen, 'here Is one more which this late committee did not think worthy of btlug
treated even with common politeness ; it is a suggestion for a vote of thanks to that fceet
-jt men, and worthiest of Irishmen, Counsellor O'Connell. This suggestion was scouted
with disregard, and flung from them with contempt, thus refusing th? empty tribute of a
simple vote of thanks to tie man who had devoted his life to our service. 1 will read the
Suggestion : —
"'Thank? and fcmtitade to Counsellor O'Connell, to be expressed in the most animated
Vid affectionate terms.'
The other suggestions were as follows :—
" ' Determination not to vote for any candidate who will not pledge bimself to be a
friend : and a recommendation to the Catholics of county and city to register freeholds.
" ' Determination to prefer Irish manufacture, and encourage its prosperity '
Now, pentlemen (continued Mr. Mac Donnell), it is my duty to proceed to read tbc.
resolutions; in doing so I have the concurrence of respectable gentlemen of both the city
and county."
Here Mr. Mac Donnell was interrupted by the appearance of Counsellor 0'ConneH, who
hnd returned from the meeting of the Board, who had retired. When he reached th«
chair, ho addressed the meeting to the following effect :—
Mr. Chairmau aud Gentlemen — Before my highly and valu-
iblo friend, Co'insellov Mac Donnell, proceeds to read those resolu-
308 SELECT SPEECHES OF
i:ons. I have a proposal to make, which, if it meets your sanction,
way, under Providence, have the full effect of bringiug about a
general reconciliation. Gentlemen, nothing can be of more
benefit to us than unanimity ; and therefore it is I would pro-
pose, that before you proceed to establish a new Board, or what-
ever other mode you may think proper to pursue, that you give
the seceders another opportunity of returning to their post and
their duty. Do not conceive that 1 mean to insinuate that their
presence is necessary to establish the justness of your proceeding.
—No, no, gentlemen, I insinuate no such matter ; on the con>
trary, it is a fact, a strong fact, that the moment the aggregate
meeting assembled, their power was dissolved — you have not
again elected them, and they are as nothing without your sup-
port. But I am induced to this, that I might be the happy
means of effecting unanimity in this great county and city ; my
only hope is that of doing good for my poor country. It is this
feeling for the good of old Ireland that is forcing me forward in
this instance — and also, because I think we shall be successful.
I think those gentlemen have seen their error ; they begin to
find they are nothing. I saw them a few moments back, a few
scattered individuals, in a corner of a yard. I addressed them,
because, though small, very small indeed in their numbers, yet,
as individuals, they are respectable, and I wished to undeceive
them of their errors. I asked them if they were Roman Catho-
lics, and could they talk about securities ? I told them to leave
securities to the minions of the Castle — to the pensioned hire-
lings of the state — aye, and to the Orange Papists too ; but let
not them, as honest, honourable, worthy Roman Catholics, insult
the public ears with so discordant a sound. I told them, that
we had only one security to offer, and that we were willing to
surrender our heart's blood, our lives, our properties, our per-
sons, in the front of the battle. Away, then, with faction, with
party and division — give us Emancipation, and we, in. return,
will give every security in our persons, lives, and properties.
Then let faction raise its head, we will put it down, spring from
>\ hat quarter it may. Then let the foreign foe pollute our shores,
and we will prove our sincerity and our attachment to that con-
Htitution, which we are now seeking to receive the benefits of, by
driving them before us. At present how are we treated 1 Some-
1hmg in the nature of mad dogs, which they will not let loose
without first tying up one of their legs ; so by us, they will give
us Emancipation, after we give them security that we will be
slaves. Let us then go after those people — let us endeavour to
DANIEL O'COXNELL, ESQ., M.P.
effect if possible, an understanding between the anti-vetoistB
and the Board. We will endeavour to find out the sound and
-he perfect Send your independent and honourable chairman,
Counsellor O'Leary, for one of the deputation-let my esteemed
and worthy honest friend, Counsellor Mac Donnell, be another-
let the Rev Mr. England be a third ; he is too sincere, upon a
i,ood cause, to deny his aid. Fill up the list to the number of
ten. I promise you, if we gain no honour in this affair, we shall
lose none,
I do therefore move, Sir, that a deputation of ten persons be
appointed to wait upon the committee, and commune with them
on the present differences ; and that they do return in one hour
with their reply.
After some discussion, Mr. O'Connell's motion was acceded to and he, with the follow-
Mg gentlemen, were deputed to communicate *ith the Board :-
r>n ,«B«iinr rvT-parv Timothy Mahony, Esq.
«. -
South Carolina,) Jeremiah urpy, Esq.
Francis J. Moloney, Esq.
This deputation accordingly proceedsd, and vere admitted to an interview with th*>
fjoard in a tyl-chamber! To this dignified hall of council the body in question had to re.
.ire from the hootings of the people, who were becoming exceedingly dissatisned with
their proceedings. After two hours' delay the deputation returned, and Counsellor O'Ccn-
nell addressed the meeting.
He informed them that there had been an unanimous agree-
ment come to on resolutions perfectly without qualification of
any kind, and unequivocally demanding " simple repeal" as it
was phrased— that is, the unconditional abrogation of the penal
code.
He further stated, that the same unanimity had prevailed with
regard to a vote of thanks to the Catholic bishops — and similar
votes to Grattan, Donoughmore, and the Dukes of Kent and
Sussex.
He added that the Board, obedient to the manifestations of
popular feeling that day witnessed, would now consider their
office at an end ; and their body, as hitherto constituted, entirely
dissolved ; but that they offered themselves for re-election as
members of a Board to consist of double the number of that tc
which they had belonged ; the latter having been 34, the new
Uoard would therefore, of course, be 68.
He thus concluded : —
These gentlemen are now coming back repentant, and seeking
310 SELECT SPEECHES OP
y^ur favour; will you refuse it to persons repenting theit
errors?
" No," said some persons in the crowd; "we forgive them, and
may heaven forgive them /"
Aye, you follow that — the pure feeling of our Irish Catholics !
How I love to hear such sentiments — the effusions of honesty
bursting from the heart ! Oh, that such sentiments pervuded
the country — then had we no need of meetings ! But prove
your forgiveness. The Board bring with them the chairman,
whom you, this day, would not allow to preside — but he now
comes like the prodigal child ! Oh, will you not receive him
into your bosoms, and prove yourselves Christians ?
Is it because ho has once done wrong, that you should spun.
him through life?
If he did vote against the motion of thanks to our bishops,
still he is now sorry for it ; no doubt it was the error of his
judgment; but he sees this error in common with others; re-
ceive him ?ud them cordially, then ; let Mr. Galwey take the
chair, and we shall have unanimity, that most desirable of all
objects under heaven.
As Counsellor O'Coniicll was speaking (says the Cork Mercantile Chronicle, from which
,ve quote), the Board made its appearance, and Mr. Galwey addressed the meeting.
HP congratulated the meeting on the'r prospects of unanimity, and announced that a set
of resolutions were now to be proposed -twelve certainly, with the full concurrence of
tnose with whom he acted— but that any beyond that number should be dealt with ax mere
Individual suggestions open to discussion and opposition.
The following resolutions were accordingly re&u by Jama* Roche, Esq., who acted as
•ecretary upon the occasion : —
" Resolved — That having confidently anticipated that the beneficenc
.nterpositiou of the legislature would have, ere now, relieved us from
the necessity of a further expression of our complaints, we cannot but
lament the disappointment of our just and reasonable expectations.
" Yet, however acutely we may feel even the temporary postponement
of our.success, we consider it a matter of real consolation to have found
Chat an actual niajority of the 658 members, who compose the House
of Commons, have declared themselves favourable to our relief.
"Resolved — That firmly relying on the immutable justice of our cause,
?n the wisdom of the legislature, and on the distinguished liberality of
our Protestant brethren, we will persevere in every constitutional en-
deavour to obtain the repeal of those oppressive and impolitic laws by
which we are aggrieved.
"And that we do, therefore, in concert with our fellow-citizens
throughout the kingdom, renew our earnest applications for their TOTAL
AND UNQUALIFIED IlEMOVAL.
" Resolved— That we do adopt the petition of the Catholics of Ireland
and that it be referred to tbe gentlemen now composing the Caih'-i
DANIEL O'CONNELL, ESQ., M.P. 311
•
Board for this county and city (in conjunction with the following names
which are added to the Board), to prepare and forward it at such time,
and in such manner, as shall seem to them most conducive to theii
success : —
Thomas Coppinger, Luke Shea,
Counsellor O'Leary, Edward Reardon,
Philip Harding, Bartholomew Foley,
Pierce Nag!e,jun., John Morrogh,
Dr. Pigott, Nicholas Murphy,
Jeremiah McCarthy, Dr. Donegan,
Daniel Clanchy, Denis Richard Mayland,
John Shinior, Francis Molony,
Anthony O'Connor, Frederick Shanahan,
Counsellor Mackey, Alexander M'Carthy,
Garrett Eagle, Timothy Mahony,
Timothy Donovan, Francis Molony,
Dr. Balwin, Jeremiah O'Leary
Michael Callaghan, John Cremin, jun.,
Patrick Russell, James Nicholas Mahon,
Maurice O'Connell (of Darrynaue,) Edmond Hore.
" Resolved — That the said Board does not consist of any representa-
tives of the people, or of any part of the people, and that their sittings
be open and public.
"Resolved — That reposing the most impi.cit confidence in our revered
prelates, a grateful confidence to which their pastoral and personal vir-
tues so eminently entitle them, we can never accept of any legislative
relief, however unlimited in its political operation, encumbered as on ^
late occasion, with restrictions which they shall declare contrary to the
doctrines or discipline of our Church.
" Resolved — That among the many able supporters of our cause in
parliament, pre-eminent and unrivalled stands the immortal name of
Henry Grattan. The splendour of his talents, the extent of his services,
and the unabated ardour of his zeal, in the advocacy of our cause, have
justly exalted this illustrious patriot to the foremost place in our esti-
mation and gratitude.
" Resolved — That their Royal Highnesses the Dukes of Kent and
Sussex, by their zealous and honourable exertions in our behalf, have
proved themselves the true supporters of those principles which placed
the House of Hanover on the throne, and have received our attachment
sind gratitude.
"Resolved — That the most lively thanks of the Catholics of the county
and city of Cork are eminently due, and hereby given to the Right;
Honourable Earl Donoughmore,and the illustrious family of Hutchinson.
for their uniform, manly, and hereditary support of our rightful cause.
"Resolved — That we are deeply indebted to the General Assembly o.
the Church of Scotland as well as to the Synod of Ulster, for the libe-
rality with which they have reapectively declared themselves on tie
subject of our claims.
" Resolved — That the zealous and unwearied exertions of the Earl o»
312 SELECT SPEECHES OP
•
Fingal and the General Board of Ireland, in the cause of Catholic
liberty, claim our cordial thanks.
"Resolved — That it is a primary and indispensable duty to obtain for
jurselves that constitutional weight which the elective franchise con-
fers, and to acquire for our parliamentary friends, that legislative im-
portance which can best ensure the success of our cause.
u And we trust our body will carry this into effect.
" Resolved —That to relieve the necessities, and increase the industry
of a numerous class of our distressed fellow-countrymen, we mo.«t
earnestly recommend to our countrymen, the exclusive use of IRISH
MANUFACTUKE."
The foregoing resolutions were proposed by the Board. Here follow the icsolution*
partly objected to .—
"Resolved — That the warmest expression of our gratitude is due, and
hereby offered, to that venerable and indefatigable Catholic prelate, the
Right Rev. Dr. Milner, as well for those mighty labours which his grea,.
mind has suggested, as for that faithful discharge of the high trust
reposed in him, as agent for the prelates of Ireland, who have sanctioned
his struggles by their public and grateful approval.
" And, that we confidently trust he will proceed in his exertions for
our religious preservation and political redemption, unshaken uy tin*
hostility of false friends, or false brethren, who have not the good
sense to estimate, or the spirit to approve, his generous attachment to
our cause and our country.
" And, that we feel particularly indebted to that excellent prelate,
for his manly, upright, and conscientious opposition tc the ecclesiastical
arrangements, submitted to parliament during the last session, in the
bill purporting to provide for the further relief of his majesty's .Roman
Catholic subjects.
" Resolved — That our most grateful thanks are imperatively due, and
cheerfully offered to that invaluable Irishman, John Magee, Esq , pro-
prietor of the Dublin Evening Post, for his uudeviating support of our
cause, and manly exposure of the bigotry and profligacy of our enemies
of every rank and degree.
" Resolved — That the Roman Catholics of the county and city of Cork
most gratefully admire the merits, and approve the worth of that great
and good Irishman, the strong pillar of our cause, and the pride o." our
/and, Counsellor O'Conndl — who, in the spirit of constitutional inde-
pendence, often has undauntedly stood foremost in the fight, whenever
the interests of Ireland were to be defended, her rights demanded, or
her enemies confounded.
" And that we consider him particularly entitled to our most glov-
ing gratitude as Catholic Irishmen, for his virtuous motion in suppor
of our hierarchy, proposed in the General Board on the 29th day < f
May last, and triumphantly carried by a glorious and patriotic majority.
** Resolved— That Counsellor Mac Donnell, the patriotic editor of il-e
Mercantile Chronicle, the vigilant sentinel of our rights, the unduunlr.'
and incorruptible advo"at«'°f i atholic claim? ni«1 religious tree«Uit>i.
DANIEL OCONNELL, ESQ., M.P. 313
has well merited, and continues to obtain the entire confidence, sincere
gratitude, and cordial thanks of this meeting, and that he be appointed
a member of the Board.
"Resolved — That the cordial thanks of the meeting are eminently due,
and hereby given to Messrs Stawells, Beamish, senior and junior, Craw-
ford, Cuthbert, Blenuerhasset, Yates, and many other Protestanl
gentlemen whose presence, and Major Torrens, Counsellor Dennis, and
Mr. Jackson Reid, whose eloquence have shed so bright a lustre on the
proceedings of this day.
" JOHN GALWEY, jun., Chairman.
" WILLIAM J. SHEEHY, Secretary."
" As chairman and secretary of the meeting of the Roman Catholics
of the county and city of Cork, assembled yesterday, we have considered
it our duty to authenticate the proceedings by our signatures. But
lest it should be thence inferred that they had received our approbation,
v/e do hereby declare our utter dissent from, and do protest against the
proceedings there adopted.
"J. GALWEY, jun., Chairman.
"WILLIAM J. SHEEHY, Secretary."
We have given the resolutions in their advertised form, with the Chairman and Secre-
tary's protest appended ; and now revert to the period of the meeting when they wer«
brought forward, to give in detail the proceedings which were had upon them, and whi.-r
fnsc rise to this protest, as well as to other occurrences which shall bo noticed in dud
onltr.
After the Chairman's announcement that the Board had •' sanctioned" only the first
twftlre of these resolutions, and after the three which related to Right Rev. Dr. Milner, to
Jooii Magee. and Mr. O'Connell, had been brought forward, read, and proposed by .Mr
tlt'tC EonneU
Mr. R. Moylan tame forward.
He protested against the resolutions just proposed by Mr. Mac Donncll— dealing thus
vith the three :—
"My first objection is to Dr. Milner!
* His tergiversation is known. Ho deceived and disappointed our friends in England,
and deceived us all ; and his tergiversation is known and acknowltdged bj all /—(Loud
cries of disapprobation.;
" And upon the second point I fear not to express my disapprobation of any Vote flf
thanks to Mr. Magee- a man generally known and acknowledged to stand a COKVICTKD
At this moment, (says the newspaper report,) the shouting against Mr. Moylan became
very great ; and several Protestant gentlemen, who were near the Chairman, were seen to
be withdrawing.
Order, however, was restored, with some difficulty; and Mr. Moylan was allowed to pro-
ceed.
" With respect to the third motion, viz., that of thanks to Counsellor O'Comiell— no mail
respects his private worth more than I do— but if I grant him a vote of thanks, it will t*
approving his public conduct ; therefore I cannot give my consent to any vote of th/i^kg
to him.
v As an amendment to Mr. Mac Donnell's motion, I therefore move the following, whkx
I am about to road : —
" fc.660ive<i— That no spirit of conciliation has been; or ever shall be
x
t
314 SELECT SPEECHES OF
wonting on our part ; and that we are ready to make every concession
to our Protestant brethren, consistent with the safety, integrity, auvi
essential discipline of our Church."
Mr. Eugene M'Sweeney, of Mary-street, seconded Mr MoyJan's amendment.
Counsellor Dennis remonstrated, as a Protestant, against this proceeding of Mr. Moylan's
.» jianicular against trie use of such epithets to such a person aa that gentleman had ap-
plied to John Magee.
" Is he, for his virtuous consistency, to have his character profaned, »nd himself termed
a convicted libeller!! Have you never heard of Juries being packed, and
truth being made a libel ? Oh. reflect ! beware !— remember the times you live in, and tK
scene* you have lately passed through ! Feel as Irishmen thould feel Lov
in your hearts the hero who gloriously falls in a great public cause !"'....
A tor aa eloquent address in this strain, he concluded with an exhortation to temper
inoder&tion Ac., and the meeling was then addressed by—
C07NBSLLOR O'CoxxiiLL — Mr. Chairman and Gentlemen,
otlor myself to your notice this moment with feelings it is impos-
sible to assume. I offer myself in support of two resolutions
and most decidedly adverse to the third.
Jt is wrong of you to think of bestowing thanks to one o
yourselves, who, in his exertion in common with yourselves, can
do no more than merely his duty — to fight and struggle in a
good cause. But besides all this, there is no man worthy of
what is said in that resolution — no man alive could deserve the
warmth of approbation so expressed ; and, therefore, I do entreat
of you, as it entirely regards my person, to dismiss it from your
notice as one unworthy of occupying your attention. (No, no,
j>ass the resolution.)
But, gentlemen, it is objected to that enlightened prelate, Dr.
Milner, that he at one time agreed to the veto, but that after he
changed his opinion !
Oh ! would to God that any man who finds himself in error
would act thus nobly, and that, believing he might be wrong,
would not go about misleading others, but, like the great and
good divine, whom they charge with tergiversation, renounce their
errors and permit the public mind to repose in peace.
Who are those men who charge tergiversation ? Why, they
are persons who change hourly — such among them who have
opinions to change; for the majority of them possess no opinion
tit all. Who are those independents, who have so lately started
up amongst you ? or what is their title to the character of inde-
pendent ? For my part, I declare I do not know in woat their
independence can ezist, except it be that no person can depend
on thorn, (Excessive laughter for a long time.)
But yet, these are the persons to come forward and charge
upon an high-minded and ueeply-respected divine, " te
\
DANIEL OCONXELL, ESQ., M.P. 315
fion,w because upon a point of vital and most essential impor-
tance, where his great mind was awaLened to a sense of the
threatening danger by the honest remonstrance of his virtues-
brethren, he calmly listens to the dictates of conscience — •
considers, and finding his error, open:^, honestly, and man' ;ly
avows it !
He did not allow his illumined mind to be obscured by tha
doctrines of this world. No selfish vanity, no worldly pride,
prevented him from retracting his errors : he did so ; and like
a man, whose kingdom was not of this world, as publicly A.S na
had erred, were his sorrow and his regret. And, gentlemen, w hat
is Doctor Milner after all but a man 1 Can you expect more of
him than you will allow to all other men ? It is the lot of hu-
man nature to err ; but it is only in the greatness of virtue to
retract and feel regret. (Cheers.)
But look at the erudite politicians ; it is really surprising how
modest, meek, and humble those enlightened independents are ;
the population of Ireland declare against all vetoism, under all
and every shape and form, and these two youths came forward,
the one to propose, the other to second a resolution, for what ?
For provisional securities ! That is, you have declared against
vetoism ; now under the other name of provisional securities, grant
it ; and thus you become tergiversators ?
They come forward to give one proposition, which they turn
into an adjective, and the other into a substantive, and which
substantive cannot support the adjective ; and this is the doc-
trine and precious argument upon which you are called upon to
defame the character and wound the feelings of one of the most
learned and able men in England ! A prelate who is now op-
posed in England by a vile faction, more disgraceful, and pos-
sessing worse passions, than the infuriated anarchial faction which
desolated and laid waste the happiness of society in France.
The latter were a faction which have brought their country under
a wicked military despotism that has ended in subverting the
liberties and privileges of mankind. But the faction in England
are still more wicked, because they are the determined enemies
of everything virtuous, liberal, honest, and enlightened ! And
this is the vile faction which would seek to bow his gray head
in sorrow to the grave. They endeavoured to cast him down ;
but Ireland met him in his fall, and upheld him. (Cheers.)
How glad I should be to know those people who are here dis-
posed to act against reason and good sense ! How gladly would
I labour to convince them of their error. But why should I
516 SELECT SPEECHES OP
Tjose time ? Who are they ? What are they 1 Where are their
numbers ? Is there another man in this immense meeting to
join these two youths? Oh, that they could count our numbers
this day ? Will they call for a division ? Oh, for tellers to
enumerate our majority ? Oh, what an appearance those dis-
senters would exhibit ! What ! a minority of two or four to
countless thousands ? And what do they dissent from ? From
the very principle now laid down by the Board itself. Mr.
Roche just told us. the simple repeal was the defined intention
of the Board ; nay, it is one of the resolutions which you have
just now carried ; yet those dissenters talk of an amendment of
the securities. Mr. Roche is the identical gentleman who has se-
conded this motion of thanks introduced by Mr. Mac Donnell, to
Dr. Milner, yet, this young gentleman would tell you to reject it.
They talk of securities ; some of the Board were satisfied with
the late bill, and voted against your bishop in Dublin ; and upon
this it is, perhaps, that those gentlemen dare to talk of security :
but your Board have retracted from that conduct, and they have
found favour.
We will make no charges of tergiversation, nor will we blame
those unreflecting young gentlemen, if they now retract their
errors. But I will tell those people that are satisfied with the
late bill, that so far as being a bill of relief, it was anything else
than a charter for emancipation. Oh ! how proud I am of the
unanimity I perceive upon this great point ; it will be a delight-
ful consolation to the already tortured feelings of the good old
prelate ! He has broken no faith with you ; there has been no
breach of contract ; he has watched with a guardian's care over
our interests ; he is too honest, too sincere, too virtuous to de-
ceive Ireland ; he possesses a combination of all the qualities,
and all the excellences which should compose the aged prelate,
and amongst all these great qualifications and virtues, there is
but one thing bad about him, he has for us, perhaps, too much
of the Englishman about him.
But, gentlemen, when I turn my thoughts on the other branch
of Mr. Moylan's speech, what are my feelings ? Oh ! for the
pensioned minions of the Castle ! Oh ! for the Attorney-Gene-
ral and the prosecutors of Catholics to stand up here to-day and
behold a Catholic rise up in a Catholic Assembly, and pronounce
JOHN MAGEE a convicted libeller ! ! ! If you would reflect
upon the thousands of which you are daily deprived, to bestow
upon the wretched hireling prints of the day; if you could know
the sums lavished upon the dull and stupid Patriot — upon the
DANIEL O'COXNELL, ESQ., M.P. 317
vile and proverbially profligate Correspondent, to abuse, revile,
and condemn the people — to blazon forth a bigoted ministry—
you would soon discover that the enlightened and patriotic
writer of the Dublin Evening Post, which has the confidence of
the people, and a circulation throughout the empire, would have
been gladly and eagerly purchased up ! How might then such
a young gentleman, so educated, so enlightened, be received at
the Castle! how he might have made his way among the minions
?f a court, instead of his being calumniated as a convicted libeller1
Oh, for a packed jury in some trying case, where Mr. Moylanfc
feelings or interests were concerned, to make him know the effects
Df courtly influence !
If this Mr. Moylan had seen the masters of Orange lodges sit-
ting upon the jury of John Magee, he could not long have hesi-
tated to decide that John Magee would have been declared a
convicted libeller. If Mr. Moylan had been placed under snob
circumstances, however innocent his conduct, he too would have
l»een declared a convicted libeller. But of what was he con-
victed ? That he truly described the character of the Duke of
Richmond's administration. Is it not in all your recollections,
that this great duke dined at the mayor's feast in this very city ?
— that he on that occasion refused to drink the toast proposed
of "the glorious and immortal memory?" — and yet, is it not a
fact, that this great duke did actually pardon Hall, the Orange-
man, the murderer of the only son, and only support of a poor
aged widow? Did this noble duke bring to punishment the
murderers of the Catholics at Curruginsheega? No. And yet
this noble duke, with the Attorney-General at his elbow, brings
a prosecution bravely into a court of law, to defend the purity
of his administration in Ireland; a jury of Orangemen are em-
pannelled ; they find truth is a libel ; and they find that John
Magee is the libeller.
Let this noble duke enjoy the fame lie has reaped in this great
exploit. I tell him, John Magee is happier in his mind, confined
within the dungeon of a prison, than that lord duke is new in
his palace, and that when the memory of that lord duko shall
bo forgotten in our land, or only recollected with disgust and
horror, the name of Magee, the independent proprietor of the
Dublin Evening Post, shall be hailed as the proud and stern ad-
vocate of a nation's rights, and the glorious victim of persecution
aui proscription. To be sure he is now in Kilmainham prison;
but he feels no-pain- for himself; he only feels for his country — •
for yo»* my Catholic countrymen j but yea, he will feel pain
SELECT SPEECHES OP
when he hears that at a meeting of the Catholics at Cork, a
Catholic Irishman rose uj and sailed hin c, convicted libeller!
But I call on this young man, not to discredit his mime and
\is family by this transaction ; I call upon him to retract ; it is
the only means left him.
[Mr. Moylan here said he would not, and oao person M.d be could not, «»he was
pledged to persevere in it.]
Well then, there is no way left but to divide upon it ; but how
can it be accomplished1? Well, is it not provoking that we can-
not see what majority they will have against a vote of thanks to
John Magee? There he is in Kilmainham, in the bloom of
youth, with a head clear at,d intelligent, his genuis bright and
brilliant, his heart virtuous and incorruptible. Yes, my country-
men, his head is as clear as his heart is honest ; he is a true
Irishman, and I pride myself in calling him my friend. He is
ardently, really, honestly attached to his country; he has cause
to be so ; he is deeply interested in her peace, tranquillity and
glory. He would call out to her aid, and to the aid of the state,
an unbought army of Irishmen, and for these virtues he is sen-
tenced to linger out two years in a dungeon 1
When it will be imparted to Mr. Magee that this vote of
thanks passed this meeting, his honest heart will rejoice ; but
what will be his pleasure when he is informed, that if there were
an objection he will see that it only called out the greater spirit
in the people, he will see that it gave more gravity, more weight,
more consequence to the measure. (Cheering.)
My good friends, guard yourselves against division ; be watch-
ful of those that seek to divide you ; these divisions have put
down Ireland — a continuance of them will destroy the finest and
fairest country in the world. We have no intense heat in sum-
mer to dry up the earth ; we have no chilling colds in winter to
freeze us ; we are the most light-hearted people upon any shore ;
for seven hundred years our spirit has continued unsubdued.
We were never beaten in any battle ; on one occasion we sub-
mitted to an agreement, a compact, and that compact was brokea
not by us, but by those who pledged themselves solemnly to its
fulfilment. Why, then, should we be abused? Why insulted!
Why doubted in our honour, in our integrity? At ail eventa,
why quarrel among ourselves? (Cheers.)
If it were not for these cursed divisions, Ireland would be the
paradise of the world. (Cheers.)
With respect to the third motion before you, I shall be short.
DANIEL O'CONNELL, ESQ., M.F. 319
particularly as it regards myself. When I direct my attention
1o the great cause I am engaged in, I could not but anticipate
the assaults which would be made against me : yet, I set out
with a fixed determination, that though I may be deprived of
abilities to serve, yet, I knew I had a heart to feel, and thus em-
boldened, I trusted more to the excellence of our good cause,
than the talent of the advocate ; and if I have in any degree
been conducive to the great interests of Catholic Ireland, I re-
joice ; nor shall the slanders, or the vile malignities of my one-
mies deter me.
I WILL GO ON, and the more I am maligned, the more will I be
pleased, and hope for the prospect of success, nor will I ever doubt
myself, until I shall hear those wretched hirelings of corruption
teem forth odious praise to me! Then doubt me, but not till then.
Externally and internally I will fight the enemies of us all ;
they are sometimes to be found nearer to us than we can sus-
pect, and they are the more dangerous for that. I have conti-
nued to labour, and will continue so to do. But, adopt not this
exaggerated praise offered to me here to-day ; it is not possible
I could, or any man could be deserving of it. I give up this
point to Mr. Moylan ; I make Mr. Moylan a present, :f his mo-
tion, and let him give us the rest. (Lo^d and persevering cries
of no, no ! we will not, we will not !)
Then, beforehand, I thank you, sincerely and honestly I thank
you ; it enjourages, it cheers me on ; I here want language to
express my feelings ; / will stand by you while I live; I WILL
NEVER FORSAKE POOR IRELAND.
When the enthusiasm of the auditory, after the foregoing speech, subsided enough tc give
Mm a hearing, Mr. James Roche again came forward and seconded Mr. O'Connell's pro-
tost against Moylan's amendment.
After s nifl further speaking, Mr. Moylan's amendment to Mr. Mac Donnell's three reso
jltions was put, with the following result, according to the calculations of the newspaper* :-
For the amendment
For the votes of thanks to the Right Rev. Dr Milner John
Magee, and Daniel O'Conuell, Esqra.. 10 001
MEETING OF THE CORK CATHOLIC BOAREV
September 3rd, 1813.
THK report of the above meeting, which Is from the Cork Mercantile Chronicle,
that a mistake Laving delayed the attendance of the press, they found Mr. O'ConneU
speaking.
He proceeded to say that in whatever point of vievr he ccn-
320 SELECT SPEECHES OF
Bidered the protest, signed by several of the Roman Catholics o.
the county and city, the resignation of several members of the
Board, and the consequent division between them and the body
at large, he would say it was to him a source of regret, because
he was well assured, and well convinced, that unanimity waa
strength, and division weakness.
Ireland would never have fallen from the pinnacle of grandeur
upon which she stood as a nation, but for the division of hei
children ; and it was often said — he hoped, not truly — that if
any Irishman were put to the torture, another would be found
to mm the wheel. H« lid not, even upon reviewing these divi
uions and distractions, and the steps taken by the protestors, yet
give up the idea of beholding a spirit of conciliation pervade the
Catholics of the county and city of Cork ; he sincerely hoped
they would see ihe necessity of union and harmony, and that
every man would discharge his duty by his country ; and if the
seceders obstinately refused to return to their post, he knew the
gentlemen composing the present Board, having the confidence
and support of the people, would transact the affairs of the great
body of the Catholics, and discharge the great trust reposed in
them, with honour, dignity, and integrity ; and the public would
not ultimately have to regret either the secession of supposed
friends or real enemies.
Amongst the signatures to the requisition of the Board, and
to those of the protest he was alluding to, he saw those of several
of the most respectable and enlightened men of the county and
city; and why those characters have seceded from the general
wish was yet to be ascertained.
Was it because they objected to the 13th resolution, passed at
the aggregate meeting ? No, it could not be ; because this re-
solution, which was one of thanks to Doctor Milner, was seconded
by James Roche, one of the most independent members of the
late Board.
Was it, then, on account of the 14th resolution, which was
one of thanks to Mr. John Magee, the independent proprietor of
the Dublin Evening Post, and offering himself the consolation of
the public sympathy ? No ! for this resolution met the support
of several members of the Board. They could not refuse their
nympathy to the sufferings of a man who had, for a series of
years, devoted his talents and his fortune in fighting their bat-
tles, and supporting their right to freedom — a man who had em
barked his fame on the success of their cause, and for which he
altimately brought upon himself the vengeance of the govern
DANIEL O'CONNKLL, ESQ., M.P. 321
n.ent. The smallest opposition to such a resolution from one of
that body would afford him more real pain than the imprison-
ment of two years, to which he has been consigned.
Was it, then, in consequence of the 15th resolution, adopted
at Monday's meeting ? He could not conceive it was. That re-
solution was seconded by Mr. T. Denehy, one of the Board, and
supported by several other members of that body. This vote
was one of compliment to himself. He considered that indeed
it should be nattering that his poor exertions in the cause of his
country met the approbation of the meeting ; but much as he
valued that sentiment, he would freely *forego the pleasure it af-
forded him, if it tended in the smallest degree to create any di-
vision or disunion among the Catholic body.
For himself, he wished for freedom much ; for his children, he
wished for it more j but he sought and wished for that blessing
much more for his enslaved and afflicted country. For this grand
object he fought unceasingly and unremittingly, and encountered
obstacles and difficulties that could, most probably, have dismayed
a man of a less ardent or sanguine mind. (Great cheering.)
He would ask, was it to the 16th resolution the Board and
protestors so strongly objected? This certainly was one of the
reasons that induced the resignation cf the Board ; and he would
not have presumed to say so, but that it was publicly avowed by
the majority of that body. They declared they would not act with
Counsellor Mac Donnell. He, as well as the other members of
the Board, was appointed by the only legitimate authority — that
is, by the voice of the people, at the aggregate meeting ; and
they had no right to question that appointment ; neither had
they the power to resign that authority with which they were
invested, until they did so to the people at the next aggregate
assembly. Therefore there was no legal resignation of the Board ;
they were still in existence as members of that body ; and he
still entertained the fond hope that they would surrender any
irritated, disappointed, paltry feeling, at the shrine of concilia-
tion, and as men of honour, give credit to the public voice, and
return to the post they would appear to have deserted.
He would like to meet the members among the protestors who
were security-men, and those who considered themselves not
eecurity-men, and who might have signed that document from
other causes, in fair reasoning and argument. He would wish to
give any man credit for the purity and honesty of his motives
and as a diversity of opinion existed among them, it was per
fectly natural, among men exercising their own free judgment*
322 SELECT SPEECHES O»
upon great national and political questions, in which all were
equally interested ; while he would pay his tribute of respect to
their opinions, even though erroneous, he would endeavour to
correct, by calm discussion and plain truths, the fallacy of then*
judgments and opinions.
He hoped there was some person present that would convey
to those security-men the reasons why those securities cannot be
complied with ; because it would be entrusting to the hands of
men who were no judges of their religion — either of its tenets or
discipline — a,nd who could feel no anxiety in its support or pre-
servation, but the contrary, the management of its affairs, and
the appointment of its hierarchy ; and even though we were
disposed to join the Orangemen in giving up our religion into
such hands, we would not do so without the previous consent of
the Pope. This the Bishops have unanimously declared ; and
it is out of the nature of things that the Pope could be consulted
at present — and when he could, it was impossible to tell.
Unfortunately the Pope is under the power of Bonaparte. It
is the interest of that military despot that the divisions and ani-
mosities existing in the empire should be kept alive and conti-
nued. He is proud that the Roman Catholic millions of this
country should be kept in slavery, knowing that the power of
England is thereby weakened ; and though we did offer the se-
curities required, we cannot, from Bonaparte's conduct hitherto,
suppose him the dupe of such extreme absurdity and folly as to
Buffer any communication with the Pope which would tend to
heal the divisions amongst the people of the empire.
It was absurd to think of the idea ; and it was equally absurd
to press those securities (which could not be given, though we
were satisfied to do so) as a bar to the freedom of a brave, loyal,
a-id suffering people.
There are (said Mr. O'Connell) fourteen Roman Catholic dio-
ceses at present vr-cant in this country ; and it is impossible to
appoint bishops to them, because there can be no communica-
tion had with the Pope. His approbation is absolutely neces-
sary ; and will it be contended that those bishoprics would be
continued thus vacant, if the Pope's approbation in the appoint-
ment could be dispensed with ? It is a part of the discipline of
the Catholic Church that cannot be given up ; and however
those security-men may pant for freedom, the great body of
the Catholics would not accept it in barter for their religion.
" Sut," say those x/no clamour for those securities, " ?f the
present Pope died, Bonaparte would undoubtedly raise lo tiia
DANIEL O'CONNELL, ESQ., M.P. 323
Papal chair his uncle, Cardinal Fesch." Be it so. He was
willing to meet them upon every fair ground. They say, if
Cardinal Fesch was the Pope, he would be the creature of Bona-
parte, and subject to his control ; and having the nomination o*
the Catholic Bishops of Ireland, he would only appoint such
men tc that dignity as would be disaffected to the British go-
vernment, and who would best suit the views of Bonaparte,
Cardinal Fesch i who is in disgrace with his nephew, and in
exile, because he opposed, and would not sanction his -marriage
"w ith his present wye /
Was the man who thus opposed Bonaparte, and refused to lend
himself to his ambitious or capricious views, likely to degrade
and disgrace the Papal chair, by submitting to his will in the
appointment of bishops for this country ? In time of war, he
could not be at all consulted for that purpose ; and if peace were
brought about previous to Catholic emancipation, who would
expect the attainment of that measure from the British ministry'?
There were thirty-four bishoprics vacant in France at present,
because, that same Cardinal Fesch would not submit that his
nephew should have the least control in their appointment. He
would not suffer that one of them should be filled by any of his
creatures ; and if this be the principle by which the cardinal is
governed in the country where Bonaparte rules with despotic
sway, is it to be supposed that when tnis country shall be at
peace with France, he will act upon a different principle in the
appointment of bishops for this country, in which Bonaparte
can have then no interest whatever ?
Yet the British ministry demand those securities which were
attached to the bill almost passed in the house of parliament —
and these prepared by men who did not understand our religion ;
yet they undertook to regulate that which they knew nothing
about, without consulting one Roman Catholic prelate, clergy-
man, or layman. And this was called, in this city, a charter of
Emancipation ! !
We cannot surrender our religion into the hands of such men.
If we were disposed, we could not do BO. We will give them se-
curity, however. We will share with them our prosperity and
our blood ; and if they want a precedent for enacting a charter
of Emancipation, and for their redeeming their brethren and
country fr^m slavery and bondage, we will give them the pre-
cedent of the Diet of Hungary, who were exclusively Roman
Catholic. That independent body, in 1791, granted, without
veto or securi'jes, the privilege* ofeihe state to Protestants, and
SELECT SPEECHES O?
uvcry other religionists, and embraced their countrymen as bro-
thren. This passed only twenty years ago, and it was a noble
example set to other nations. Let the British act towards Irish-
men with the same spirit of freedom and conciliation, and they
would be found to live in the hearts of a proud, brave, and en-
thusiastic nation.
It was remarkable that amidst all the agitation of the Catho-
lic question throughout Ireland — and he felt pride in stating it
—no spirit of disaffection was to be traced amongst its people;
that though they called aloud for Emancipation, they pursued
their legitimate object loyally and constitutionally. At the dif-
ferent assizes throughout the country for the last circuit, not an
individual was charged with being disaffected to the government.
No; not a single person was even tried upon the Whiteboy Act,
and this argued the quiet and undisturbed state of the country ;
and this fact he would throw in the face of the hirelings who
would attempt to charge the agitators of the Catholic question
with disaffection. The people of the country caught at the sym-
pathy offered them by their agitators, and in this sympathy was
peace and harmony preserved.
He would again revert to the protestors. lie could not well
divine their meaning ; and amongst the rest, there was one pro-
testor who stood alone — he meant, Mr. John Boyle. Neither
could he well tell what was intended by his protest. All he
would say of him was, that he considered him a man endowed
with talent ; and if he had a little ballast with the sail, he
thought he would prove a respectable and useful Irishman.
If those protestors succeeded to the utmost, they might form
a body of one, or two, or throve hundred persons — they were cer-
tainly, in point of prosperity, men of consequence and respecta-
bility, but in point of numbers, insignificant indeed; if they
continue their desertion of the popular feeling, they will be
opposed to five millions of their fellow-slaves — and they will be
spoken of through Ireland with contempt — they will appear as
if fighting against their country. At one period, Lord Fingal.
and several of the most respectable persons seceded from *he
general and popular feeling, and in a very short tim*» they found
they had a sacred duty to perform, and they returned.
He did hope that the seceders in Cork would be found to act
with the like good sense — that they would return ; the present
members of the Board invited them to join in the sacred cause
in which all were alike interested, and have pointed out the bane-
ful effects of disunion upon the country* &t other periods of bar
history.
DANIEL O'CONNELL, ESQ., M.P. 325
If, however, they persevered in the desertion, he said he wu8
convinced that the Board would hereafter be governed by th
spirit of harmony towards all their brethren, that was breathed
throughout the resolutions then passed ; that they would watch
the interests of their cause, aided by the voice of the people by
whom they were chosen, with firmness and temper, and that the
protestors would be found only as flies on the wheel in its motion .
Mr. O'Connell then read the first, second, third, fourth, fifth, and sixth resolutions, which
were put by the chair and carried unanimously.
On the sixth being put, Mr. O'Connell said he hoped he wouid
be excused saying a few words. It was not necessary to arouse
the people of Cork to a sense of the obligations they owed, in
unison with every Irishman, to the illustrious family of tho
Hutchinsons ; the last elections called their particular attention
to the registry of freeholders, and they have acted upon it ; the
resolutions then read would still operate as a further stimulud
upon them for exertion. If the late Board had made or adopted
proper arrangements previous to the election, and if a spirit of
apathy had not seized them, this great and commercial city would
not be represented by Dumley Longfield — nor robbed, as it was
now, of its true and honest representative, the patriotic Christo-
pher Hely Hutchinson. (Cheers.)
Mr. T. S. Coppinger and Counsellor Mac Donnell spoke strongly on the subject of Irish
Manufacture; and the latter suggested that the preference of everything Irish to English
should be urged on those parents who sent their sons to England for education,
Counsellor O'Connell thought that would be doing much ; the
sure way of doing business was to do a little at a time.
He did condemn, as much as his learned friend, the absurd
practice of sending children to be educated in England. Since
the Union he knew, out of fifteen young gentlemen who had got
an English education, one only to be a man of talent ; seven
broke their fortunes, and others were engaged in every species of
dissipation and folly. So much for the advantage of an English
' education. He would not have this topic form part of the re-
solution, as in a very short time he was convinced the evil must
remedy itself.
There was another branch of trade that deserved the notice
ard encouragement of the Board — he meant the cotton trade.
At one period it flourished, and it was now as much depressed as
any other branch of trade. The English sent over some cords
SJ«1 velveteens, and undersold the Irish manufacturer ; the fact
was, that though the Irish goods were sold at a higher price, it
326 SELECT SPEECHES OP
was by no means dearer than the English. It was found at the
end, to be more lasting, and give much more wear than the
other, yet the people were led away by the appearance of the
English article and the smaller price, and therefore gave it the
preference ; thus this branch of trade was completely ruined.
It only required a proper spirit amongst the people to put an
end to this monopoly; let them be taught What was of real ad-
vantage to their country, and it must flourish. It was the finest
country under heaven — indented with the finest harbours, and
inhabited by the bravest men in the world — and it only required
the cordial co-operation of all her sons to make it the happiest
country in the globe. (Cheers.)
He concluded by reminding the Board, tha^ the day-notes
would inform them who it was that imported goods from England.
This was one of the many occasions in Mr. O'Connell's life, when he laboured in the good
cause of the deserving, hard-working, and most skilful artizans of Ireland. We shall have,
unfortunately, to note the failure U several such efforts— as all such must fail, till the
vitality of industry be restored with the money and rich consumers of the country, by the
repeal of the emaciating Act of Union
LIEUTENANT O'CONNELL.
An we have been speaking of relatives of Mr. O'Connell, the following brief notice of one
towards whom he cherished a strong affection, will find an appropriate place liere, from
the Dublin Evening Pott of Saturday, September 25, 1818 :—
- The successful storming of St Sebastian (31st August), from the nature of the obstacles
opposed by a scientific enemy, confessedly ranks first, in point of military achievement on
the part of the allies. Many of our countrymen distinguished themselves most conspicu-
ously upon that memorable occasion. The relatives of the fallen heroes, thongh under the
influence of national or Spartan pride, must notwithstanding feel heart-rending grief, ' not
loud but deep,' for the irreparable loss sustained iu their domestic society.
" In no instance, perhaps, will this adversity be more poignantly felt than in the family
of Lieutenant John O'Conneil, of the 43rd Regiment, a near relative of the Counsellor of
that name, a brave and promising youth, whose talents as a soldier would indubitably, one
day or other, do honour to his country, when those disabilities under which the greater
part of his Majesty's Irish subjects labour should have been removed.
"He volunteered on the forlorn hope at the ever-memorable siege of Badajoz, where ha
vas severely wounded ; and on the attack on St Sebastian, lie sought a post of danger
where he gloriously fell in the arms of victory.
"The meritorious death of this young officer leads the writer of this to taice notice of a
circumstance well worthy of remark in the Irish character — that although a difference of
political principles at home may prevail for a time, yet when their country demands" their
aid, every sentiment is abandoned but those of loyalty and union. Party Is regarded u
subordinate, or as the ' reverie of an idle dream ;' all prehulicft is abandoned, and nothing
appears but a desire to defend the king, the country, and the constitution — thna refuting
the base calumnies of some who would sar that a difference of religious opinions const*-
DANIEL O'CONNELL, ESQ., M.P, 327
tutcn a difference of loyalty ; and who would cload the imagination of the young soldier
with mistaken ideas, tending on)y to mislead his opinions, and throw an insuperable bar-
ker in the path of his military career."
Mr. 0'Conne*ll1s afl'ection for this gallant young man, which had been manifested in more
Ihuc words — having extended to the equipping and furnishing him with all necessary mat-
ters, v/hen joining the army — was most fervidly and devotedly reciprocated by its object.
What a condition was that of the Irish Catholic soldier at the time in question ! He
wight fight ; nay, he did fight, bleed, die for England— in England's wars ; and the chains
of his fellow-Catholics, and of his country, were all the more firmly rivetted by his sacri-
fices 1
During the progress of the autumn, Catholic meetings were held in various parts of Ire-
land besides those already noticed ; and resolutions similar in substance to what had been
passed elsewhere, were universally adopted.
Mr. O'Connell's conduct, therefore, in respect of the Veto question, at the trial of Magee,
and all other occasions that he had come before the public, was stamped with the seal oi
general approbation and concurrence.
Late in October he returned to Dublin, in time to attend the second meeting of the
Catholic Board, after its re assembling for the winter " campaign. '
On Saturday, October 20, 1813, Mr. O'Connell proposed a resolution for general adoption
by the Catholics of Ireland, declaring against the introduction of any measure into Parlia-
ment, affecting in any way Catholic discipline, without previous examination and approval
ef it by the Catholic prelate*.
His object was to endeavour to smoothen the way to the mistaken " security" -men to
return to Catholic agitation ; and so to effect a restoration of entire harmony in the Catho-
lic body. But a violent opposition baring arisen to the resolution, on the ground that it
Bight be interpreted as an indirect approval of some form of " securities," Mr. O'Connell,
though unconvinced of its having any such tendency, withdrew it, and so had to abandon
tor « season the hope of restoring unanimity to the popular councils.
THE KILKENNY RESOLUTIONS.
TRIAL OF JOHN MAGEE.
>r the 19th of Novemoei, the unfortunate John Magee was brought up in custody to plead
I the King's Bench to an indictment for publishing the resolutions of the Kilkenny Catho
Jcs, in which, while complimenting him and his counsel, they assailed the Duke of Rich-
mond.
The Attorney-General strongly opposed Mr. O'Connell's notion to the court, that Mr.
Magee, who had entered his plea of " not guilty," should be allowed to " traverse in prox,"
to the usual way.
Mr. Justice Day ineffectually suggested to the Attorney-General the fitness of acceding,
JT for no other reason than the advanced state of the term, and pressure of business.
Attorney-General (Saurin) — My lord, I certainly will not consent. If counsel ft>; th«
frarerser can show, that in point of law he has the right, I shall bow with submission ; but
If not, I consider it most material, aa well to the public justice of this country as to the
administration of the law, that the trial be proceeded on as speedily as possible,
MR. O'CoNNBLL— It is clearly the right of the subject, in cases
of misdemeanour, to traverse in prox ; and Mr. Justice Day will
328 SELECT SPEECHES OF
I
please to recollect thut at the last summer assizes of the county
of Monaghan, where he presided as judge, several persons who
had been indicted for a riot and assault, availed themselves of
the right we now contend for, and had their trials postponed till
the next assizes.
The case of " the King v. M. O'Connor," indicted for a misde-
meanour, before the Chief Baron, was another recent instance
svhere the practice was recognised and adopted.
It is laid down in the 4th vol. of " BJackstone's Commen-
taries," that it is usual to try all felons immediately, or soon after
their arraignment ; but it is not customary, nor agreeable to the
general course of proceedings — unless by consent, or where the
defendant is actually in gaol — to try persons indicted for smaller
misdemeanours at the same court in which they have pleaded not
guilty, or traversed the indictment.
Mr. Justice Blackstone does not say that it may not be done
— but he declares that it was not customary nor agreeable to the
course of legal proceedings. It is for the counsel for the crown
to show that there exists a legal distinction in the practice be-
tween the term and the assizes — both being, in contemplation of
law, considered only as one day.
., Xr. Perrtn, in support, cited the " great Angle** CMC," in which one of the wltncMee
having been indicted for perjury, Baron Mountenay held that though justice required ar
immediate trial, yet the traverser, being indicted for a misdemeanour, hud a right to post
pouo
l.'.r. O'Connell— It would be impossible foi his client to be prepared. Mr. Townshend
Lad said the Court might issue its precipe, and order a jury to be returned in five minutes-
Mr. Townshend begged the learned gentleman's pardon— he said no ruch tiling. What he
had said was, that the Court might issue its preoipe, and direct a jury to " be returned
inslanter ."'
Mr. O'Connell would not argue the point of distinction between the great space of time
ot itutanier and /fee minutes; but he would contend that the crime of wilful and corrupt
perjury was more atrocious than that of a supposed libel for publishing resolutions, which
he presumed the traverser'had never seen until they were in print.
Mr. Justice Day and Mr. Justice Osborne considered that the practice applied only te
assizes or quarter sessions ; and the Attorney -General then piessed that Wednesday, the
24th of the month, should be fixed.
Mr. C'Connell— There are no less than eleven counts contained in the indictment— eleven
dittinct offences charged in it. The transaction arising in Kilkenny, at a considerable dis-
tance from town, it will be quite impossible for Mr. Magee to be prepared on so short &
notice.
Remonstrance, however, waa useless — the Attorney- General persisting in his appoint-
ment.
Mr. Aingee's appearance the day on which the foregoing proceedings took place, TTSS
much remarked upon. His confinement had evidently impaired his he%lth ; and ml<;h*
have induced some feeling of mercy in the breast even of an ordinarily h»n!-hetirted man.
But they were tigers that managed Irish affairs then, and nothing hut hunting their ri*
tJra* dowu to the death could allay their savage appetite*.
BANIBL O'CONNELL, ESQ., M.P. 329
\V« postpone Catholic meetings, proceedings, Ac., to follow out the history of the hunt.
•*)n Wednesday, the 24th November, the traverser was duly brought up again, for the
purpose of taking his trial for the alleged libel on the Duke of Richmond, in the Kilkenny
resolutions of the 4th of August ; ami also
" To hear the judgment of the Court on the motion made to set aside the verJict 5n lu»
former prosecution '"
The latter scent was first harked upon ; and the leading blood-hound, the Chief Justice-,
Jplivered, at considerable length, the opinion of the Court — that the rerdict ought to
stand ; and ordered the traverser (who had been in Kilmainham since the preceding term)
lo be brought up on the next Saturday, to receive sentence.
A conversation then occurred as to affidavits in mitigation, on the one side, and aty*
vation on the other, of the impending sentence ; and the Attorney-General,
" Still cheering on the prey,'-
kirongly urged that the very next day should be fixed for bringing his victim up.
Some glimmerings of humanity, or more likely of shame, awoke in the Chief Justice's
breast, at the earnest appeal of Mr. O'Connell, against the unfairness of not allowing uorno
little time to the prisoner to answer the affidavit of the prosecution; and the great indul-
gence was conceded of two days for that purpose.
Mr. O'Connell then addressed himself to the argument respecting the traverser's r?etit to
traverse in prox in the matter of the indictment for the Kilkenny resolutions.
The court of King's Bench, he said, had, from the earliest
period recognised the practice as the right of the subject — a right
never violated but once, during the reign of James II. ; and re-
stored again early in the reign of his successor, Wil'iain III.
The instance he alluded to was the celebrated case of the seven
bishops.
The Chief Justice interposed, that if the Court had decided the question t \e previoiw
day, it ought not now to be re-opened.
Mr. Justice Osborne set him right as to the fact of its not having been decided and said
the counsel had then teemed unprepared, and that the motion was fully open t«- further
discussion.
Mr. O'Connell in continuation : —
In Chief Baron Gilbert's " History of the Common P'eas,"
chap. 4, p. 143, your lorcfships will find it thus laid down.
This was plainly the ancient practice ; because there was no
continuance from the appearance day to the time of declarirg,
there being no precedent of iibertas narrandi; therefore the
declaration must be of the same term. But in the King's Bench,
when a defendant comes in on a criminal process, which i& "sup-
posed to issue on a complaint to, and by examination of, tto
Chief Justice, the defendant is not discharged till the second
terra after his appearance ; for in the first term, all parties con*
uerned might possibly not have noHce.
When a man comes in on criminal process, he had liberty tO
traverse in prox (it is strange said Mr. O'Couuell, here pausing
in his re,'.diu^ — it i* strange how L..rd Chief tt,iro»i Gilbert oould
r
SELECT SPEECHES OF
have used this phrase, which the Attorney-General lately stig-
^inatised as so vulgar!) on all bailable offences, because he
might not be prepared for trial with his witnesses; but it
was otherwise in capital cases, because there was oath of the
crime, <fec., &c.
He (Mr. O'Connell) admitted that the case of the seven bishops
was contrary to these principles; but even then one of the
judges, Mr. Justice Powel, differed with the rest of the court
and preserved his integrity during that infamous and de-
praved reign, when every case between the king and the subject
was decided by the other three judges against the liberty of the
subject.
There was another case, in 2nd Salkeld, page 515, to which
he would call their lordships* attention : — " King's Bench, Michael-
mas Term, 1st of William and Mary. — If a man be bound by
recognizance to appear on the first day of term, and is charged
on his appearance with an information, in case the information
be laid in Middlesex, the party has time to plead during all
that term, so that it cannot come to trial in the term ; but in
case it be laid in any other county, the party shall have time to
Dlead till the next term ; for he is as much concerned to defend
himself in those cases as in any civil action ; and since the law
allows him counsel, the law likewise allows him time to consult
with them : for not to allow the means of defence, is to take away
the subject's defence. Otherwise it is in capital cases ; but note
— in these cases there are no counsel, <fec., <fec. (Decided per
uiriam, contrary to the case :>f the seven bishops.)
Mr. O'Connell then cited the 37th Geo. III. c. 30, to the same point; aud concluded by
observing that both the common and the statute law " had recognized the right of the
•abject, in vulgar epithett— according to the Attorney-general— to trawte inprox."
The Attorney-General replied, citing cases in support of his position.
He failed, however, even with that court ; and the trial was ordered to stand over to
Monday, the 31st day of January, 1814.
But the victim was not to escape. The other matter came on at the appointed tone-
The following is a brief account :—
The Attorney-General commenced with referring in strong terms to the whole coarse ol
the defence of Mr. Magee, since the beginning of the prosecutions — or rather pet secutintu
—most particularly Mr. O'Connell's speeches in defence, which he characterised in the
»ost violent terms. He urged in aggravation of sentence Mr. Magee's publication of the
npeech in question, and declaration of approval of it
The Attorney General did his utmost also to enlist the personal feelings of the ChleJ
Justice, by drawing his attention to Mi. O'Conncll's scarcely-indirect charges against hirr
TO the occasion mentioned. The following was Mr. O'CcnnelTs reply ;—
DANIEL O'CONNELL, ESQ., M.P. 331
COURT OF KING'S BENCH.
SATURDAY, 27TH Nov., 1813.
The Attorney-General 's Motion in Aggravation of Sentence on
Mr. Magee, for Publishing a Report of the Trial of THE KINO
at the Prosecution of His GRACE THE DUKE OP RICHMOND
against JOHN MAGEE, Proprietor of the " Dublin Evening
Post"
Mr. O'CONNELL. — I am sure, my lords, that every gentleman
present will sympathise in the emotions I now experience,
am sure no gentleman can avoid feeling the deepest interest in a
situation in which it is extremely difficult to check the strongest
resentment, but quite impossible to give that resentment utter-
ance in the severity of language suited to its cause and proro
cation. Yet, even here, do 1 yield in nothing to the Attoruey-
General. I deny, in the strongest terms, his unfounded and ab-
surd claim to superiority. I am his equal, at least, in birth—
his equal in fortune — his equal, certainly, in education ; and a*
to talent, I should not add that, but there is little vanity in
claiming equality. And thus meeting him on the firm footing
of undoubted equality. I do rejoice, my lords — I do most sin-
cerely rejoice — that the Attorney-General has prudently treasured
up his resentment since July last, and ventured to address me
in this court in the unhandsome language he has used ; because
my profound respect for this temple of the law enables me her
to overcome the infirmity of my nature, and to listen with
oatience to an attack which, had it been made elsewhere, would
have met merited CHASTISEMENT.
Justice Daly— Eh ! What Is that you -<ay?
Justice Osborne, with much apparent emotion— I at once declare, I will not sit here tc
listen to such a speech as I have seen reported. Take care of what you say, sir.
Mr. O'Connell— My lord, what I say Is, that I am delighted at the prudence of the
Attorney-General, in having made that foul assault upon me here, and not elsewhere, be-
cause my profound respect for the bench overcomes now those feelings which, elsewhere,
vronld lead me to do what I should regret— to break the peace in chastising him.
Justice Daly — Chastising! The Attorney-General ! If a criminal information were ap
plied for on that word, we should be bound to grant it.
Mr. O'Connell — I meant, my lords, that elsewhere thus assailed, I should be carried away
by my feeline? to do that which I should regret— to go beyond the law — to inflict corpora,
punishment for that offence, which I am here ready, out of consideration for the Court, tc
pardon.
Justice. Osborne- 1 will take the opinion of the Court whether you shall cot be com
flitted.
Chief Justice— If you pursue that line of langtisgo, we must call upon «o1ne other of the
•xmnsel at the same side to proceed.
Justice Day— Now, Mr. O'Connell. do not yon p^iccfve that, '.vhile you t»'k of suppressing
tho-efeelinen. ™Q arc actually IniV.ilglng '.'v+rnl jme Attorney -General could not
iELECT SPEECHES OF
you offence in the line of argument he pursued to ennancc the punishment, In every wf;
of your client It is unnecessary for you to throw off, or to repel, aspersio
m Mr. °oncyo™ell-My lord, I thank YO0-I sincerely thank you- It relieves my mind from
» load of imputation when I hear such high authority as that of your lordslnp kindly de-
claring that it did not ai-ply to me. And yet, my lord, what did ^e Att<;rney-Genera
mean when he called a question a senseless and shameless question ? What did he mean
when he-he, my lord-talked of low and vulgarmind? ^"^V*?**:
prf ' jd to the advocate participation in the crime of the client ? This he distinctly charged
metdth. All I require from the Court is the same liberty to reply with ^rnlch the At-
toniey-General has been indulged in attack. All I ask is, to be suffered to answer and nv
pel the calumnies with which I have been assailed.
Justice Daly-You shall have the same liberty that he had; out the Court did not
derstand him to have made any personal attack upon you.
Justice Osborne-We did not understand that the Attorney -General meant you, wt
he talked of a participator in the crime of your client.
Attorney-General-I did not, my lords I certainly did not mean the gentleman. To
,tute that I did would be to misrepiesent my meaning, which had nothing to do wit*
Mr. O'Connell— Well, my lords, be it so ; I rejoice, however,
that this charge is thus publicly disavowed, and disavowed in
the presence of those who heard his words originally, and who
have heard me repel any attack made upon me. I rejoice to
find that your lordships have interposed your opinion that no
personal attack has been made upon me, and thus have rendered
unnecessary any further comment on what had flowed from the
Attorney-General. I am, therefore, enabled at once to go into
the discussion of the merits of my client's case.
And now let me first solemnly and seriously protest against
the manner in which the Attorney- General seeks to aggravate
the punishment. It is by introducing into the affidavit of the
attorney for the prosecution, passages from the speech of counse
*at the trial. These, perhaps, are times in which it may be de-
gired by him, as it certainly is safe for him, to make bad pre-
cedents. But against this precedent I enter my earnest, my
lonest, my independent protest. My protest may, for the pre-
eent, be disregarded; but it will accompany the precedent m
future times, and if not destroy, perhaps mitigate, its evil effects.
I therefore do protest against it, on behalf of the bar, and on
behalf of the public.
What ! is the Bar of Ireland to be thus degraded, that itsnalJ
be permitted to the inferior branches of the profession, to every
attorney in the hall, to drag into affidavits the names of counsel,
nnd their discourses for their clients) If it be permitted against
a defendant in a criminal case, it must be equally, or rather more
literally, allowed to civil suits. There will, in future, be no mo-
tion for a new trial without inj.ro<* ucmtr thn imnr^ of exmtHMI*
DANIEL O'CONNELL, ESQ., M.K 333
and his exertions for his client, and perhaps his politics — per-
chance his religion! We shall be subject to a commentary upon
the Oath of Attorneys. The debate on motions will not be whal
the pleadings state, or what the witnesses swore, or what law was
]fiid down by the judge ; but the discussion will turn upon the
speech of the counsel, what it was he said, what he thought. A
meaning will be affixed, by an attorney's swearing, upon every
sentence of the counsel, and he shall not dare to describe crime
or to portray criminality, lest the general description of offence
may be transmuted by the oath of an attorney into particular
and powerful individuals ; and whilst he ought to have his mind
at complete liberty to look for all the topics to serve the cauae
of his clients, and to confute the arguments of his adversary, he
will in future be fettered and encumbered by the dread of ex-
posing himself to the imputations of the adverse attorney, ond ike
compliments of the bench. I do not think any gentleman oughi
to condescend to advocate a cause under such circumstances, or
that he could continue high-minded and worthy of his rank in
society, if he were to submit to such degradation.
Against this practice now, for t&e first time, attempted to be
introduced — against the first but mighty stride to lessen the
dignity of an honourable profession, I proclaim my distinct, une-
quivocal, arid solemn dissent. But the privileges of the bar,
howover interesting to a numerous and respectable class of men,
sink into insignificance when contrasted with the rights of the
public. The public have a right to the free, unbiassed, and un-
intimidated exertions of the profession. If the bar be controlled
— if the bar be subjugated — if the profane hand of the Attorney-
General may drag the barrister from the high station of respon-
sibility in which he is at present placed, and call for censure on
the client for the conduct of the barrister, then indeed will it be
quite safe for power to oppress and to plunder the inhabitants
of the land; in vain shall the subject look for a manly advocate,
if he is to be exposed to the insolent mockery of a trial of him-
self in the shape of an attack upon his client. How are the
powerful to be resisted? How are the great to be opposed when
they menace injustice ? Certainly not by the advocate who
fears that whilst he endeavours to serve his client he shall injure
himself ; certainly not by the barrister who has reason to appre-
hend that his language, being distorted in an attorney's affi-
davit, will expose him to censure from those to whom he cannot
reply.
It ib the first interest of the public that the bar shall be left
334: SELECT SPEECHES OP
free. No inconvenience can result from this freedom, because
it is always subject to the discretion of the judge who presided
nt the trial. He has it in his power to stop any proceeding in-
consistent with propriety • b^J if ue does not interfere at the
trial when tlio advocate could defend himself and assert his
ngntj wnat authority has ^een found to warrant an appeal to a
future court, m uruor to punish that which ought not to have
been prevented ? In short, the public are deeply interested in
our independence ; their properties, their lives, their honours,
are entrusted to us; and if we, in whom such a guardianship is
confided, be degraded, how can we afford protection to others "
Lessened in our own esteem, habituated to insult, we shall dwin-
dle in talent as in character ; and, if the talent may remain, it
will be simply useless to the oppressed, greatly serviceable to
the oppressor. For the public, therefore, who may easily be en-
slaved, if the bar be debased, I again enter my solemn protest
against this bad precedent.
For myself, I have scarce a word to say ; talents I do not
possess, but I never will yield the freedom of thought and of
language —I never will barter or abandon the independence of
the profession. It may injure me ; I know it will injure me,
and I care not ; but as long as I belong to the Irish bar, I will
be found open, decided, manly, independent. Unawed by the
threats or frowns of power, holding in sovereign contempt the vile
solicitations of venality, and determined to do my duty in de-
spite of every risk, personal and public — the enemy of every op-
"»ression and fraud — the unalterable friend to freedom. I have
a fault — I know it well — in the eyes of the Attorney-General.
The spirit that invented the inquisition exists in human nature ;
that there was an inquisition proves the existence in nature of
an inquisitorial spirit. Nature is not calumniated when she" is
charged with all the atrocity of bigotry in design and action ;
and towards rne that design has an object that is easily under-
stood. To check the Popish advocate may, in the eyes of the
Attorney-General, be a work equally pious and prudent ; but
the proudest feelings of contempt may defeat his intention and
place me above the reach of malevolence.
From myself and from this strange precedent, I come to the
case of my client. It is my duty to show your lordship thai
the matters stated for aggravation ought not to affect my client;
It would be unjust — it would be cruel — it would be atrocious ti
punish him by reason of the controversy into which I have been
driven ; that, I am sure, tb* court ought not, nn ] therefore wiL"
DANIEL O'COSNELL, ESQ., M.P. 335
not do. Neither can you punish him for publishing his trial.
li; is admitted that his report is a true report of the trial ; the
truth of the report is not even controverted \ and having this
fact admitted, that he has given a true report, the law is clear j
it is clear no indictment or information, nor any criminal pro-
cess can be maintained against a person who publishes a true
report of our proceedings in our courts, nor does any civil action
Jie for such report.
It is laid down in 2 Hawk. 354, that nothing is a libel, or can
become the subject matter of a criminal prosecution as suchs
which occurs in the course of proceeding in a court of justice \
and the case of Astley v. Young in 2 Burr, has settled that no
civil action will lie for anything that so occurs ; there is but one
case in the books where a contrary doctrine was held, and that
case is just one of those bad precedents which, though trium-
phantly established at the time, are soon rendered obsolete and
unavailing by the abhorrence of every rational man. It is the
case of the King v. Williams in 2 Show. It was an indictment
against Sir William Williams, for having published, by order of
the House of Commons, " Danyerfield's Narrative of the Meal-
Tub Plot." Such was the horror which the wise people of Eng-
land entertained of the Pope in his proper person ; or at least
some conspiracy to re-establish his authority had been discovered
close concealed in a meal-tub, and the House of Commons catch
ing and propagating the delusion, ordered the narrative of this
terrific plot to be printed and circulated throughout the country.
It was for this publication that Sir William Williams, the speaker
of the Commons, was indicted in the first year of King James.
If your lordships take the trouble of looking into the report, you
will find that the counsel for the defendant, Mr. Pollexfen, a man
who deserves the admiration of posterity, for he, at that despotic
period, had the courage to attempt to stem the torrent of unre-
lenting persecution at the bar, and overbearing and iniquitous
intolerance of the bench ; he, the counsel for the defendant, was
interrupted by the bench, and not suffered to defend his client
as his case merited to be defended.
I admit that the case of Sir William Williams determined that
the high court of parliament itself had no right to sanction the
publication of any part of its proceedings which contained matter
ID itself libellous. But fortunately the authority of that case
...'is been completely exploded, even by the modern Court of
King's Bench in the time of Lord Kenyon, in the case of The
v. T. Wrigfit, in 8 Tpvm Reports, 293: it was a favourable
336 BBLECT SPEECHES OF
.utrcumstance ; that was an application on behalf of the late Mr.
Home Tooke. Mr. Tooke, in 1794, had been acquitted of high
treason, and yet, in 1799, the House of Commons adopted the
report of a committee, and ordered it to be printed, stating in
substance, that although Mr. Tooke had been acquitted, yet that
the evidence adduced at his trial showed him to be guilty. The
order of the house, however, was, that the report should be
printed for the use of the members. Wright, the defendant,
printed it for public circulation, and he therefore had no protec-
tion from the order of the house but the general protection which
every man has, to publish the written documents laid before that
house. For this publication, grossly reflecting on Mr. Tooke,
»nd accusing him of a crime, of which a jury of his country ac-
quitted him, he applied to the King's Bench for a criminal in-
formation, relying on the case of The King v. Williams, as only
not in point, because much stronger. The court refused the in-
formation, and declared the case of The King and Williams noi
to bt law. Judge Grose, upon that occasion, said these words : —
" Ttke case of Williams occurred in the worst of times, and is a
disgrace to a court of justice ;" and Judge Laurence declared,
'"that no information could be granted for publishing a true
iBtatement of the proceedings in a court of justice, although it
may in itself contain a libel — and no matter of law, for," said he,
" it if of vast importance to the public that the proceedings of a
court of justice should be universally known. The general ad-
vantage to the country in having those proceedings made public
more than counterbalances* the inconvenience to individuals."
Such is the law — such is the doctrine laid down by a court which
could not be reproached with any overweening propensity to
popular rights or popular opinions.
Nor is this case shook, or its authority weakened by the «ase
before Lord Ellenborough, reported in 7th East, 493, under the
fictitious names of Nokes v. Styles ; on the contrary, the principle
is distinctly recognised and admitted, and that case was de-
cided as an exception, by being beyond the principle, and not a
true report of judicial proceedings. I do, therefore, lay it down
as clear law, that no indictment or informatics, or action could
be sustained for publishing this report of the trial ; which re-
port the Attorney-General seeks to convert into an aggravation
3f punishment, that is, of course, an increase of punishment —
that is, a double punishment : punishment for the original libel,
for which tne defendant has been found guilty, and punishment
for this report, of which not only hns the defendant not been
DANIEL O'CONNELL, ESQ., M.P. 337
Found guilty, but for which he could not legally oe put on any trial.
,It is no offence, in point of law, yet the defendant is to be
•punished, in point of fact, for it. In point of law, the Attorney-
•General could not prosecute him for this publication. If he in-
dicted him, I would demur to the indictment ; and still for this
;report, upon which he could obtain no conviction or judgment,
does he call on the court to inflict a sentence ! No jury could
convict the defendant of this publication; but the Attorney-
General requires a vote of the court to be substituted for the
verdict of a jury, and sentence to be pronounced upon that
vote, when no verdict could sustain a judgment. It is ab-
.horrent to law, and detestable to common sense, that a man
should suffer twice for one crime ; but this is a case in which it
is sought that Mr. Magee should suffer twice — once for what is
in law a crime, and once, for what is not a crime in law or in fact
— that is, he is to be punished in the second instance, although
the law admits his innocence. It is not that detestable thing,
double punishment for one offence — it is this greater atrocity
that is sought for by the Attorney- General, a punishment for no
offence. This court is bound, by every principle and every feel-
ing, to resist ^he solicitation of the Attorney- General, and not to
punish a man for that which the law has sanctioned.
But suppose I am wrong, and that this report is, in itself, a
libel ; then let the Attorney-General indict for it; and if he can
convict, let him call for sentence. If it be indictable, the con-
sequence may be, first, that he procures an increase of punish-
ment for it in this instance ; and secondly, that he afterwards,
upon an indictment, procures a sentence for the same publica-
tion \ Out of this dilemma the court cannot be relioved. If
this be no offence, you have no right to punish for it ; if it be
an offence, you ought not to leave it in the power of the Attor-
ney-General to punish twice for it.
It is, perhaps, unnecessary to follow the Attorney-Genera^
through the matter which the affidavit of the attorney for the
prosecution contains ; and I do it slightly, and merely to show
how little my client has to answer for with regard to those.
The affidavit sets out three passages from my speech in the de-
fence of Mr. Magee : the first relates to the Attorney- Genera]
directly and by name ; the second consists of a passage addressed
to the jury, upon their impartiality ; and the third, the attorney
who made the affidavit swears he believes alluded to one of your
lordships. It- is said that Mr. Magee ought to have made an am-
338 SELECT SPEECHES O?
davit to contradict that of the prosecutor's attorney ; how could
*he contradict that affidavit ? The attorney swears he believes
the passage has a certain meaning ; and how could any person
swear that the attorney does not so believe ? If he had given
us the reasons of his belief, he might be possibly contradi^ced in
fact, or confuted in reasoning. But look unto the passage, and
you will find that it expressly states an imaginary case ; and
wretched indeed must be the state of the bar and the client, if
the paintings of the imagination of counsel are to be reduced in
shape and form, and embodied into an array against the client.
I disdain being a party to any such degradation ; I should feel
disgraced if I were to offer an explanation upon this topic. Then
with respect to the passage relative to the jury : it was my duty,
and my client's interest, to speak to them candidly ; and the
passage in question does not hinge more than merely to state
what would be the conduct of an impartial and unbiassed jury
upon such an occasion, and to contrast that conduct with what
we had to apprehend from a jury of a different complexion. I
will not, indeed, condescend to vindicate the passage. The man-
ner of procuring the attention of a jury to the defence of the
client, is the privilege as well as the duty of the counsel, and
the client was never yet made responsible for the mode in which
counsel effectuates that purpose. The remaining passages relate
to what was said of the Attorney-General himself. He has read
for you that part in.which, as counsel for Mr. Magee, I proclaimed
(after an apology for the coarseness of the expression), any man
who charged the Catholic people of Ireland with treasonable or
revolutionary sentiments, to be a liar. You will, upon reading
the entire of the passage, find that it is a reply to what fell from
the Attorney-General — it is a mere answer to his speech. He
ndulged in extraneous topics, and, as counsel for the defendant
I felt it my duty to follow him.
Justice Day— You have no affidavit for the defendant stating that the Attorney-General
went into extraneous topics.
MR. O'CoNNBLL — We have not, my lord ; nor is it necessary
we should : for those passages purport of themselves to be a re-
ply to such extraneous topics — to be a reply to the Attorney-
General using those topics. If those passages are to be resorted
to, they must be taken altogether, and resorted to for what they
purport upon the face of them to be. They purport, then, to be
a reply to the Attorney-General ; and I ask your lordships in
what language such charges ought to be refuted? The jury was
DAKIMi O'OONNELL, ESQ., M.l\ 389
composed of what are called outrageously loyal men. It was
the interest of my client, who had long been the advocate of
the Catholics of Ireland, to stand well with that jury ; it was his
interest that his counsel should stand well with them.
Besides, there was a higher and more imperative duty on the
advocate — as the Catholics are, by their oaths and their alle-
giance to the constitution — feeling for myself the pride of disin-
terested loyalty — that loyalty which is the result of judgment
and of principle, not the mean and abject speculation of personal
gain — that loyalty which would equally maintain the safety of
the throne and the liberty of the people, and not that canting,
peculating loyalty which seeks to enrich itself by cringing sub-
mission to the powerful, and insulting oppression to the weak'
and humble. With the fire of genuine and constitutional loyalty
about me, I di<} brand with the harsher expressions known to
the language, the man who should presume to impeach the alle-
giance of the Irish Catholic, or mine own ; and I will even pro-
claim as a liar, the man who makes that charge, whether he boldly
and directly charges it, or contents himself with mean insinua-
tion of its truth.
Thus much I have said rather for myself than for the defen
dant, for in the extravagant shape of the present proceeding, I
have the air of being on my trial and not my client ; and I con-
fess there is some justice in this. It was I who spoke the speech
— it was I who urged these topics of defence — why should my
client be punished for it ? It was I who commented freely, on
the Attorney-General, and addressed the jury as I deemed best
— why should Mr. Magee suffer for my acts ? — why should he be
punished for the boldness of my language ? Is it because he
fiat in silence, and did not interrupt me ? Why, his lordship,
the Chief Justice, who presided at the trial, saw me there — he
heard me, I presume, as well as Mr. Magee ; the counsel for the
crown heard me, and did not interrupt me ; your lordship heard
me, and did not interrupt me — I beg pardon, you did interrupt
me once, and then I was able easily to satisfy your lordship
of my right to reply to the Attorney- General. If there were
any objection to what was said — if tae line of reasoning or
comment I pursued was objectionable or faulty, the trial was
the time to have noticed it — it was the time peculiarly and ex-
clusively suited for such notice ; and it is due as well to the tra-
verser as to the prosecutor, to take that and no other time for
the investigation of the propriety of the defence
It is then that the counsel for the defendant caii be best pre-
340
SELECT SPEECHES OP
pared to vindicate the line for defence. The assertions of the
antagonist, his conduct at the trial, are then fresh in the recol-
lection of the counsel and the court — all the subject is in the
possession of the counsel for the traverser. The judge himself
can then best determine — the counsel for the traverser can then
best maintain his right — a doubtful or ambiguous sentiment can
then be easily explained, and made to bear only its precise and
proper meaning ; in short, every view of the case will clearly
jhow that the trial is the proper, and indeed the only proper
place to investigate the rights of the parties, the privileges of the
counsel, and, in fact, the duties of the judge.
But, suppose it otherwise — suppose there does lie some new
appeal to a future court — yet, surely, Mr. Magee is not to
blame. There is no appeal to him from the Chief Justice ; he
is not bound, under peril of punishment, to be a better judge ot
the propriety of a defence and of the privileges of counsel than
his lordship. Was it ever heard of that a private person was re-
quired, for his own safety, to avoid an increase of punishment,
demanded to superintend the conduct of the bench, and to be-
come a censor of the judge ? Must Mr. Magee be punished be-
cause he, fortified by the example of the court, listened in silence
to the topics which I urged ! The Attorney-General is, there-
fore, quite unreasonable, when he requires of the court to increase
the punishment of Mr. Magee for not interrupting the discourse
of his counsel.
It has, however, been relied on, that Mr. Magee afterwards
in his newspaper, approved of and applauded the defence set up
for him, and avowed it. My lords, I pray you see to what this
amounts. In the first place, it can be nothing more than would
necessarily be implied from his silence. The client is presumed
to avow that defence which is made in his presence ; the public
avowal of it can, therefore, make no difference. Whether he
speaks of it or not, the defence is his ; the public avowal is nc
aggravation. But in the next place, see, I entreat of you, what
Mr. Magee has avowed thus publicly ; he has avowed the " to-
pics of this defence ;" that is the extent of his avowal. Now, the
speech of his counsel — my speech, my lords, was distinctly and
emphatically divided into two distinct series of topics : the lat-
ter, and lesser part, related to the defence of Mr. Magee ; the
former, and far greater part regarded the extravagant attack
made by the Attorney- General on the Catholic population o!
Ireland. All the passages in the affidavit, taken from those ex-
traneous topics, arose between the Attorney -General ami
DANIEL O'CONNELL, ESQ., 1C.P. 341
personally ; none of the passages in the aindavit relate to the
series of topics in the defence, properly so called. The avowal
and approbation of Mr. Magee are referrible only to the topics of
defence, and not to the matters contained in the affidavit to ag-
gravate the punishment. To his defence no objection has been
stated ; and beyond what is purely his defence he ought not, in
any view of his case, be made responsible.
I recapitulate, for Mr. Magee, his publication of the trial is nu
crime — no offence cognizable by any public tribunal ; it is an
act to which the law declares that no punishment is attachable.
Besides, here it is sought to make him answer for what could be
the fault, if fault at all, only of his counsel. And, good God !
what a precedent will be established, if you do so ! — if you pun-
ish him for that which the zeal of his counsel urged peihaps in-
discreetly— I would concede, for argument sake, improperly •,
but not for this ought the client to be punished ; and then any
approbation given by him is confined expressly to the "topics of
defence ;" so that upon any view of the subject, he cannot be
confounded with his counsel. In short, the object — the plain
object of the present proceedings is, under pretence of seeking
punishment on the client, to attack the counsel. Your lordships
have said that nothing personal to me was meant by the Attor-
ney-General ; but welcome should any attack he may; choose to
make on me be, so you, my lords, spare the client, innocent, at
least, of this default. I put his case, in this respect, on your
sense of right and common j ustice.
I conclude by conjuring the court not to make this a precedent
that may serve to palliate the acts of future, and, perhaps, bad
times. I admit — 1 freely admit — the Utopian perfection of the
present period. We have every thing in the best possible state ;
I admit the perfection of the bench — I concede that there cannot
be better times, and that we have the best of all possible prosecu-
tors— 1 am one of those who allow, that the things that be could not
be better. But there have been heretofore bad times, and bad time*
may come again — there have been partial, corrupt, intemperate,
ignorant, and profligate judges — the bench has been disgraced by
a Bilknap, a Tressilian, a Jeffers, a Scroggs, and an Alleybown.
For the present there is no danger, but, at some future period,
tuch men may arise again, and if they do, see what an advantage
they will derive from the precedent of this day, should it receive
your lordships' sanction.
At such a period it will not be difficult to find a suitable At*
tomey-General — some creature — narrow-minded, mean, col urn-
KKLECT BPEKCHE3 OF
nious, of inveterate bigotry, and dastard disposition, who shall
prosecute with virulence and malignity, and delight in punish-
ment. Such a man will, with prudent care of himself, receive
merited and contemptuous retort. He will safely treasure up his
resentment for four months. His virulence will, for a season, be
checked by his prudence until, at some safe opportunity, it will
explode by the force of the fermentation of its own putrefaction,
and throw fbrth its filthy and disgusting stores to blacken those
whom he would not venture directly to attack. Such a man will,
with shameless falsehood, bring sweeping charges against the po-
pulation of the land, and afterwards meanly retract and deny
them ; without a particle of manliness or manhood, he will talk
of bluster, and bravado, and courage ; and he will talk of those
falsely, and where a reply would not be permitted.
If such times arrive, my lords, the advocate of the accused will
be sure not to meet what I should meet from your lordships this
day were I so attacked ; he will not meet sympathy and equal
liberty of speech. No, my lords, the advocate of the accused will
then be interrupted and threatened by the bench, lest he should
wipe off the disgrace of his adversary — the foul and false calum-
nies that have been poured in on him ! The advocate then will
not be listened to with the patience and impartiality with which,
in case of a similar attack, your lordships would listen to me.
The then attorney-general may indulge the bigoted virulence and
the dastard malignity of an ancient and irritated female, whose
feelings evaporate in words ; and such judges as I have described
will give him all the protection he requires ; and although at pre-
sent such a dereliction of every decency which belongs to gentle-
men would not be permitted, and would rouse your indignation,
yet in such bad times as I have described, the foul and dastard
assailant would be sure, in court and beyond it, to receive the
full protection of the bench, whilst the objept of his attack would
be certain of meeting imprisonment and fine, were he to at-
tempt to reply suitably.
My lords, you who would act so differently — you who feel with
me the atrocity of such a proceeding — you, my lords, will not
sanction the attempt that has been made this day to convert the
speech of counsel against the client, lest by doing so, you should
afford materials for the success of any future attorney-general, as
I have endeavoured to trace to you. Before I sit down, I have
only to add, that I know the reply of the Solicitor-General will,
na usual, be replete with talent, but I also kncv it will be con-
ducted with the propriety of a gentleiaao, for he is a gentle-
DANIEL O'CONNELL, ESQ., M.P. 343
man — an Irish gentleman ; but great as his talents are they can-
not, upon the present document, injure my client. With respect
to his colleague, the Attorney- General, I have only to say tha*
whatever relates to him in my speech, at the trial, was iinperu
lively called for by his conduct there. As to him I have no apo-
logy to make. With respect to him I should repeat my former
assertions. With respect to him I retract nothing. I repeat
nothing. I never will make him any concessions. I do now, as
I did then, repel every imputation. I do now, as I did then, de-
spise and treat with perfect contempt every false calumny that
malignity could invent, or dastard atrocity utter whilst it consi
<iered itself in safety."
It was after the close of this speech of Mr. O'Connell's that Mr. Magee's repudiation o
him was made.
Mr. Wallace, as counsel for the prisoner, requested to be heard before the Solicitor-Gene-
ral's reply ; and his request being acceded to, he delivered a long and laboured argumeo*
—contending that Mr. Magee was not to be held responsible for his counsel's speech ; ant
that even if he were, his adoption of it by the.publication in his paper and as a pamphlet
ahould be held as a separate offence, separately to be adjudicated upon, and not to be takei.
without trial, as an aggravation of the former.
In the course of his speech, Mr. Wallace having said :—
" I am solicitous to avoid, in any degree, implicating the case of my client, Mr. John
Magee, Mith the merit or the demerit of his counsel's speeclu
14 1* my learned colleague have fallen into any error or impropriety in the speech which Lo
delivered, he has the manliness and candour, I am confident, to avow it, and to take upoz.
hlmselfthe responsibility."
Mr. O'Connell — I do not admit that I have been guilty of any impropriety.
Mr Wallace — I am misunderstood if it be supposed that I mean to charge any impro
priety upon Mr. O'Connell. I say only tliat if such impropriety had been committed, Ac.
Notwithstanding this retractation, Mr. Wallace, in discharge, it is to be supposed, of ths
duty his client had imposed upon him, suffered himself to be betrayed into rough language
afterwards, using such expressions as " the sins and crimes of counsel," '• abuse of the
foronsic robe," Ac., and even calling on the bench to punish Mr. O'Connell for the speech,
ami not Mr. Magee. .
Tuere was no want of will on the part of those he addressed to punish the former as wet
ax the latter. Neither was there, as may well be supposed, any disinclination on the parf
of .counsel for the prosecution to press for such a course.
But prosecutor and judges well knew that Mr. O'Connell was prepared for every emer
gency ; and that no submission was to be expected from him. In their consciousneus d
the truth and justice of even the most violent portions of his address, they shrunk from
exercising the somewhat doubtful power of the court in such a couflict with a fearless and
a determined man. In short, to use a homely proverb, the expressiveness of which will
plead ita excuse, they were fearful of " catching a Tartar."
Mr. Solicitor-General accordingly refused to draw the distinction argued for by Mr
Wallace, between counsel and client ; and solacing himself with some foul language, for
having to forego the direct attack upon Mr. O'Connell, called for the rigour of the court
against Mr. Magee, for his original offence awl its aggravation— his adoption, by a printed
•vowal in his own paper, of the philipic of counsel
The Solicitor-General's example was imitated by the bench. Lord Chief Justice Downe*
Indeed, went so far as to indulge in a ludicrous expression of pe"Hcnce fur not having him
•elf stopped Mr. O'Connell in mid-career.
344 SELECT SPEECHES OF
Mr. Justice Day, in delivering judgment, had the powers of face to defend, and y i-.iis*
the Lord Chief Justice and the jury !
And he crowned the whole by a eulogium upon the court — as a " sober, unimpasrione^
trd dignified tribunal ! I !"
It is, indeed ludicrous at the present day to find such epithets applied to the whole or
any portion of the Irish bench for many years after the Union. Men the most notoriously
incompetent, thepmost notoriously partizan, disgraced that bench ; placed there by th"
Infamous governments that, under the auspice* of Castlereagh and Sidmouth, afflicted poor
Ireland.
The following was the sentence passed on Mr. Magee : —
THK SENTENCE— BT JUSTICE DAY.
"Tne sentence of the court is- -That you, John Magee, do pay a fine of £500 to hit
Majesty ; that you be imprisoned for the space of two years in Newgate, to be computed
from the day of conviction, and that you do find security for your good behav'our for scvet
fears, yourself hi the sum of £1000, and two sureties in the sum of £500 each ; and that
you be further imprisoned until such fine be paid, and such security given.'
THE VETO QUESTION.
THE unhappy question of the " V*TO," or according to its almost equally-noted designa-
tion of " securities," (<. «., securities professedly sought for under the insulting pretence
that the loyalty of our clergy required to be attested under oath ; but really intended for
the, if possible, more insulting purpose of securing government control over cur religiou
Institutions and discipline,) Vegan now to mix with and embitter every discussion of ttic
popular party. To sow dissension and division among the latter was, no doubt, one of t V
collateral objects of those with whom the project originated, and in this respect, aad luc\i'. v
01 this respect alone, did they eventually obtain a triumph.
Amongst the divisions and differences of opinion and feeling alluded to, one of a serioui
nature occurred between the Catholic Board and its parliamentary friends and advocates.
The Board, alarmed at the progress which the " veto" or " securities" question seemed to
have made in England, and the apparent acquiescence in it of the English Catholics, had
passed a resolution pledging themselves and requesting of their friends not to entertain
any question of the kind, without the previous knowledge and full application of the
Catholic prelates. The Earl of Donoughmore, who, in accordance with the then liberal
politics of his family (the Hutchinsons), was the leading uivocate of the Catholics in tho
Upper House, and Mr. Grattan— JAe " Henry Grattan"— who tilled the same position in the
Lower, refused to continue in communication with the Catholic Board in this matter, OB
the basis proposed by the latter— namely, that no " securities" should be embodied in any
future "Relief" Bill, without the previous knowledge aud approbation of the Catholic
t relates.
Both accused the Board of at least the appearance of an intention to invade the privi-
leges of parliament, and to dictate to it by, as Lord Donoughmore worded it, " leaving * '
laked affirmative or dissent, as their only remaining sphere of action, to the represents
ftves of the people and the hereditary counsellors of the crown."
Mr. O'Connell at a meeting of the 20th of November remarked, that these letters gave '
the opportunity to explain the real views and motives of the Loanl; and " to show that
their conduct was sanctioned by the constitution, and warranted by necessity— that it wan
temperate and respectful : but always firm and dignified."
He then referred to the previous meeting to show that t!ie tenor of the resolution* IUM)
been mistaken by the noble and right honouraV.c writer* of the letters just read— that from
& (t«feje to obviate every objection, HU matur Low little wughi) in tJici; ave*. Uiev )>»U
D/LN1EL O'CONNKLL, ESQ., M.P. 345
tflven pp the intention of submitting a draft of a bill, confining themselves to mere sugce»
lions, and that they did not wish in the least to interfere with the dignity, or control tb«
judgment of those whom they addressed.
lie thus continued : —
Bat I beg Mr. Chairman, to go one step further, and to con-
tend that there is no dictation implied in the drawing up of a bill
to be afterwards submitted to the consideration of a member ol
parliament.
Who spoke of dictation when Mr. Charles Butler, last year,
prepared the frame of a bill ? Lord Castlereagh, who now pro-
fesses to be our ardent friend, did not call that dictation. No ;
he called for the draft of a bill, and I believe acted upon it. Is
the privilege reserved for Mr. Butler, and are the Catholics of
Ireland to be excluded 1
Who spoke of dictation when Mr. Grattan procured the frame
of a bill to be prepared by Mr. Burro wes, by Mr. Burton, and by
Mr. Wallace ? If the frame of a bill cany dictation in its tram,
why did our illustrious advocate risk our caust oy getting that
draft prepared in Ireland ?
Or am I, in sober sadness, to inquire whether it be the Irish
Popish touch that pollutes the deed, and renders that which waa
lauded by the minister in England, and practised by the Prote.s-
tant patriot in Ireland, an act of dictation and crime in us !
Mr. O'Conncll concluded with a motion for another communication to be addressed tt
the ncble lord and Mr. Grattan, respectfully pointing out to them their mistake as to th*
intentions of the Board.
Mr. O'Gorman (atter two or three speakers had been heard to the same effect as Mr.
O'Connell) opposed the motion ; and in deference to a point of form, it was withdrawn f«
the day, notice being given that it would be brought forward again at the next meeting.
On tliat occasion (27th November) Mr. O'Conneli accordingly moved it, in an altered and
modified sliape— namely as " for a committee to prepare answers" to the letters in ques-
tion.
He alluded to some of his former arguments ; and cited the cases of Lord Melville and
Mr. Pitt's conduct towards the Catholic delegates on two occasions, to show that thert
would be nothing derogatory in their being listened to by private members of either house.
It was not to be expected (he continued), that any one should
be able so well to unravel the labyrinth, whose intricacy had
caused the defects of former bills, as men whose interests and
feelings had led them to make it the study of a great part of their
lives, and who had been continually in the habit of answering, as
< ounsel, the applications of persons aggrieved by these compli-
cated laws.
In short, a recurrence to the information in the hands 01
Catholics was the only means to prevent the same unhappy catas-
trophe which destroyed the fruits of last year's
340
MKLECT SPEECHES OP
How lamentable if the Irish people should be deprived of results
almost within their grasp, by internal dissension, or by a secession
from each other, which, if it were not really dissension, inflicted
all the consequences of such a calamity !
What ! shall an attorney-general be able to boast, as he did to
me this day (Mr. O'Connell had just come from the scene of Mr.
Magee's renewed persecution) that there is a party of the Catho-
lics of Ireland attached to him ! To HIM — their continual, their
unwearied persecutor ! ! ! And have there been appearances iu
our behaviour to each other which could give the colour of truth
to such an assertion ; and shall we continue to authorize it f —
Shall we not rather sacrifice every difference of opinion, every
individual prejudice, and unite at once to spurn away the con-
tumely with which it stains us ?
For my own part, I have heard that some gentlemen are kept
away by a fear that I may recur to the subject of an alleged
promise to the Prince Regent. I utterly disclaim such an inten-
tion. I never will recur to it. In the name of my esteemed
and patriot friend, George Bryan, I can also state, that he never
again will mention it. Let every Irishman offer up his sacrifice
on the altar of unanimity ; her omnipotent spirit will receive our
incense with gladness, and will guide us irresistibly through every
danger, to the goal of triumph and success !
There are but two causes that can retard our success — disunion
end distrust among ourselves ; and the continuance of that un-
worthy prejudice among others, which degrades the Catholic to
comparative insignificance in the scale of intelligent beings.
. . . . Is it not thought high insolence in a Popish writer
to be talented ? — in a Popish mechanic to exercise his profession
with ingenuity ? And from what other source could it arise
*ere Catholic assistance to be refused in the formation of a bill
to relieve us ? Did not Mr. Wilberforce consult with the ftegroea
on the subject of their slavery, receive information from fcbem,
and bring the answers of the African to the bar of the House o
Commons? And is the Catholic alone to labour under the
stigma of mental degradation, without asserting the rights of hii
nature t
The motion was canned with some discussion, but no opposition ; and Lord Ffrench, who
was in the chair, Mr. O'Connell himself; and Messrs. Dromgoole, Mahon, Bryan, Scully
Finn, Owen O'Connor, Finlay, and Sir T. J *monde appointed of the committee.
On Wednesday, December 1st, after some general business, Mr. O'Gorman called Mr.
•ttrntion of the Board to the attack* on Mr. O'ConnelL for hU conduct as counsel foi tlte
DANIEL O'COXNT^LL, ESQ., M.P. 347
VSdiolas Mahon -warmly concurred in the opinion of Mr. O'Gorman, that it was the duty
r.t" rhe Catholics to come forward and repel the attacks made upon Mr. O'Connell, " by some
solid and lasting memorial, which he could hand down to his latest posterity." He further
styled him the " best and dearest friend of his country."
Mr. Plunkett had so imperatively felt that every Catholic In the land was bound to cornr
forward and support the undaunted, incorruptible, and inflexible supporter of the CatholV
people ; that, although not a member of the Board, he had attended that day for the soK
purpose of declaring his determination to support him at the hazard of his life and fortune
He felt that upon this subject his powers of expression were altogether inadequate to dc
justice to his feelings ; but h« would venture to assert, without fear of contradiction, th».
the man of whom he spoke vas the first of Irishmen — that he lives more in the affection!
of the people than any other who could be named I And it would be wonderful indeed o.
the fact were otherwise, for it had been his unceasing ambition to expose, at the risk of hia
person and fortune, the errors and corruptions of the enemies of Ireland, and to rally a
genuine spirit, which had .long lain dormant in this country, and which he had at length
so effectually accomplished, that it would take the minister, with all his pqwer, and th*
treasury at his back, full fifty years to overcome it even if the glorious career of its flrrt
mover v.-ere at this n> -ment to be stopped.
I (to object had ever been to rally men of nl7 persuasions, parties, and iabits, under fiae
title— that of Irishmen ; and Mr. Plunkett thought the Board should come to som* immo-
I'.te resolution indicative ot their conviction of his merits.
Mr. O'Conor (the chairman) regretted that it should be thought necessary to delay such
« measure.
Counsellor O'Gorman wished to give every member an opportunity of doing justice to
transcendant desert.
Mr. Scully pronounced, a speech in which he dwelt upon the many claims of Mr. O'Coa-
Rpll on the gratitude of his country, the total failure of any attempts to iiijur- him in hie
wcfesaion, (if indeed such attempts were made at fllj, and decluied iiis warm approbation
of the notice respecting the testimonial of the feeling ot the lie/art! towards him. He said
it was a fact notorious, that not even »,ne late Sergeant Ball (before he got a silk gown) had
more extensive practice, more general business than Mr. O'Connell enjoy»At this moment:
and those who visit the courts, and the agents and clients who employ him, know best
with what excellence that business is done.
Yet, with all this, he contrived to devote morn time to the public good, and to .'idulfle
the native excellence of his disposition in acts of private benwolence, than almost any
other man I As to the alleged secession, he did not think it would be becoming the dignity
r-f the Board to entertain any specific measure upon it ; and he drew a long picture of the
unpleasant situation in which, he presumed, the persons said to have seceded must be
placed.
MR. O'CoNXELL said it had been suggested to him not to speak ;
but it was impossible to listen to such language as he Imd just
heard without emotions indescribable, and still more impossible
would it be to listen to it and remain silent.
When first he had volunteered as the advocate of his country'*
rights, he did conceive that; he had embarked in the service of
an insolvent ingratitude, but never was a man more completely
mistaken. He had met rewards equal to the most brilliant ser-
vices, when, in fact, all he would lay claim to was good intention-
No form of words could convey an idea of what he felt, when Le
heard his name coupled with encomiums BO dipproportioned to
any thing he could effect — he would not attempt an ITT. possibility.
348 SELECT SPEECHES OP
In returning thanks to his friend, Mr. Plunkett, for the hind-
ness of his expressions towards him, he wished to say, that in any
personal controversy in which he might happen to be engaged,
he required neither aid nor seconding. If he required assistance
other than his own arms could afford him. he would not deserve to
receive it. If a miscreant, clad in the robes of an alderman, had
dared to introduce a personal quarrel of his into a public trans-
action, he owed his protection to his clcak and his secrecy.
Was he (Mr. O'Connell) to meet him in the street, he wouM
proclaim him a coward.
With respect to his profession, he was only surprised at the
perseverance with which clients committed. their cases to him.
The progress he had made had been effected in despite, in con-
tempt of favouritism ; and if his professional career were stopped
by any conspiracy, he should not be astonished at it ! As to an
attack that was made upon him, and which came from a quarter
that could not be replied to, if emancipation was earned, it should
oe brought before the proper tribunal. A scene which must
surprise the British parliament would, in that case, be unfolded.
REPLY TO MR. RICHARD L. SHEIL.
OK Wednesday, the 8th of December, occurred an almost first meeting, and
of opinion between Mr. O'Connell and Mr. Slicil.
The Board met at the Shakspoare Gallery, in Exchequer now Wick low-street— a
given for the pwposc by, strange to say, one of the old corporation, a good-humoured, well-
'jatefed individual, of somewhat eccentric character, named Stephenson. Lord Ffrvnt h
KM ir the Chair.
Tbe proceedings commenced with a notice by Mr. O'Connell, of an Intended address to
.be Northern Catholics, warning them from joining Ribbon Societies, or safforfng them-
leM* in any way to be betrayed into criminality by the provocations of the Orangemen.
Doctor Dromgoolo aext brought forward a motion, for some time on the books, nnd iwst-
/Micd from meeting to meeting, for a positive and unqualified declaration on the part of
the Catholic body against " teciirilies" of any kind, description, or degree ; and against
even entertaining any proposition under any circumstances, which could be at all construed
toto a suggestion of them.
The motiou was ably seconded by Dr. Sheridan.
Mr. Shell then rose in opposition. Toe Evening Pest thus treats of his speech :—
14 We sliall not pronounce upon certainly one of the rcost brilliant harangues ever deU
rered in a public assembly. Mr. Shell nas taken a part contrary to that recommended bj
us. and finally contrary to that adopted by the Catholic Board ; but we feel great satisfac-
tion In giving circulation to a correct and faithful copy of his speech. It is an honour t-j
Liu country, although we cannot he1? tMnkinic It directed against his country's dearent
teresta."
I
DANIEL O'CONNELL, ESQ., M.P. 34S
Mr. Shell concluded amid very warm cheering.
Mr O'Connell rose immediately in reply : —
My lord, whilst the meeting is yet dazzled and warmed with
the brilliant and glowing language — "the thoughts that breathe,
and words that burn" — of my young friend, I rashly offer myself
to your consideration.
I rashly interpose the cold, dull jargon of the courts — the un-
animated and rough dialect of the pleader ; but the cause of
freedom and of my country will enable me, even me, to unravel
the flimsy web of sophistry which is hid beneath the tinsel
glare of meretricious ornament. Unsound reasoning may be so
adorned by the flowers of the imagination, and the corruscation
of fancy, as to dazzle for a moment and mislead, but it requires
only the sober voice of plain sense — it asks only the sacred name
of liberty and our native land, to break the spell, to dissolve the
enchantment, and to expose the genuine deformity of the unpa-
triotic advocacy.
Let me not be misunderstood ; I admire, no man can more
admire, the splendid talents of my young friend \ I appreciate
them at their full value — 1 hold them higher than he does him-
self. They were bestowed on him for the highest purposes — they
are suited to the greatest and best purposes — to relieve and adoro
his country. He does not do justice to his own genius when he
confines it to the advocacy of a sect or party. Let it never be
reproach that-
* Born for the universe, he narrowed his mind,
And to party gave up what was meant for mankind.'
Oh, no ! Let him raise his soul to the elevation of his talents,
and not take the puny and pigmy ground of party or division.
Lot him devote himself to his country ! God and nature have
been bountiful to him. Let him, in recompense, as bountifully
give, by consecrating to the service of liberty and Ireland all
the fascinations of his fancy, and all the brilliant glories of his
genius. See how mistaken he must be, when I can exhibit my-
self his superior. I own I am his inferior in talent, but the cause
I advocate sustains me, and my eloquent young friend sinks be-
neath the cause which he has espoused.
I must regret that he has given utterance to sentiments which
every sense of duty commands me to condemn. The doctrine*
of slavery, which he has preached, I must censure. He has told
us that the Catholics have nothing to do with questions of free-
dom or the constitution — that their object should be to place
3-30 SELECT SfEBCJIErt OF
themselves on a level with the Protestants, and he is indifferent
whether this equality be obtained by pulling down tha Protes-
tant or elevating the Catholic. In direct terms he has preferred
the dead level of despotism to our present situation of compara-
rive inferiority.
My lord, I object to those assertions, I protest against those
principles of action. Many of the topics which have bami urged
by the eloquent gentleman do not bear on the present subject of
debate. It is unnecessary to reply to them. To much more of
his discourse it is needless to reply, because he did himself give
the most powerful and the best answer to the ar^'Aineiits that
might be used against the motion of Dr. Drorngoole. But it i.s
incumbent on every friend to freedom, and to the constitution,
to confute the slavish doctrine we have just heard. I am ready
to meet him on this topic pithily, directly, and imeqtiivc.'cally.
The proposed resolution goes to declare that either as Irish-
men, or as Catholics, we never will consent to allow to thj crown,
or the servants of the crown, any interference in the appoint-
ment of cur bishops ! I support this motion upon both grounds :
— First, as an Irishman, that tlus interference would be injurious
to public liberty. Secondly, as a Catholic, that it woidd be de-
st/uctive of the Catholic religion. The manners of society — the
state of the public press, fettered and in cliains though it be —
the decency and ducurum of modern habits, the progress of the
numan mind, and many other causes, render the constitution
secure from open and direct attack. Absolute power is not likely
to be obtained, nor even sought after by direct force and plan:
violence. But who is thorc so blind as not to see the inroads
that have been made upon our rights and liberties by the effect
v/f corroding influence ? Who is so sunk in. apathy — who is sc
degraded in stupidity, as not to perceive how unconditiiuial aud
unlimited the power is that may be obtained indirectly and by
corruption ? In truth, the only danger that menaces the con-
stitution, tl*» only chance of rendering that constitution a mere
name, avisos from the spread of influence and corruption, which,
like a cancer on a fair face, disfigures and destroys the beautiful
fabric of public freedom!
He is no friend to liberty — Le knows uot how to appreciate
freedom — he is fitted for slavery, who can behold unmoved the
progress of this terrific disease in the state — influence ! I cup-
port the present motion because I dread and detect that influ-
ence, aud should deem ciysfif unworthy to seek for any liberty,
could I i -on son t to increase the influence of the servants of the
ESQ., M.P. S5\
crown. The young gentleman has argued, that this influence is
already so great, that the appointment of our bishops would not
add to the evil, and he has underrated much the value, ever, in
a pecuniary point of view, of the office of Catholic bishops. Let
the servants of the crown then be content with the patronage
they have It is sufficient for their purpose, and if thi§ addition
be but small, let them leave us this small independence, for this
little is our all — and great it is in fact.
The state is secure already of the allegiance of the Catholic
bishop, he is bound to the state by his repeated and solemn
oaths; but, not content with this, the ministers want to have him
become their political agfent — they want to have him in the sub-
servient management of electioneering politics : if they succeed
in obtaining the power to appoint a Catholic bishop, they will,
without doubt, take good care to stipulate with him for the
selection of priests devoted to their patrons ; and at the ensuing
elections we shall see the courtly sheriff become insignificant —
the castle bishop will canvass the diocese, the parish priest will
ransack the different districts of the county, and you will have a
Vereker, or a Bagwell borne on the shoulders of a duped people,
in the room of a Glentworth or a Matthew.
I do, therefore, meet the eloquent young gentleman upon this
ground first, and insist that we should be unworthy of emanci-
pation should we adopt his doctrines. Emancipation ! My lord,
the word would cease to have its appropriate meaning — the thing
would cease to have any value. By emancipation I mean a par-
ticipation in the free constitution of this country — not a chance
of sharing in the public plunder. By emancipation I understand
a right as a freeman to constitutional liberty, not a participation
in the servitude of slaves — not a share in the authority of a
despot.
Besides, I beg to bring your minds to the second motive for
adopting this resolution : — The injury your religion must sustain
if the minister of the day appoint our prelates. The minister is
and will continue a Protestant as far as a minister of state may
be said to have any religion. If he be sincere, as a Protestant
his choice of a bishop will bte governed by his sincerity, and he
will appoint as Catholic bishop the man least likely to serve the
Catholic religion — most likely to injure and degrade that religion,
But suppose him insincere, as a Protestant, there will be D^
doubt of his attachment to power as a statesman. As a states-
man, then, who will he appoint as bishop ? The man who can
purchase the mtuation — perho;>s for money — ccxtainly for c»jr-
362 BELECT SPEECHES Of
vice. And does any man imagine that the Catholic religion will
prosper in Ireland, if our prelates, instead of being what they
are at present, shall become the servile tools of her administra-
tion. They would then lose all respect for themselves ; all re-
spectability in the eyes of others ; they would be degraded to
the station of excisemen and gangers ; and the people, disgusted
and dissatisfied, would be likely to join the first enthusiastic
preacher of some new form of Methodism, that might conciliate
their ancient prejudices, and court their still living passions.
The ministerial bishops of Ireland would become like the con-
stitutional bishops of France, one of the means of uncatholicising
the land. I beg to remind the young gentleman of the descrip-
tion he himself has given of the English ; he has told us they
were sunk in prejudice, and overcome by groundless and irre-
coverable antipathy to Irish Catholics. And if this be so, and
much of his argument was founded on the assumption of this as a
fact, if this be so, who in his senses would think of confiding to
these English the government of the Catholic Church in Ireland,
and the appointment of her bishops. He who would confide to Eng-
land this sacred duty, demonstrates that she is unfit for it. Surely
he cannot be prepared to sacrifice all religion and country, for
the name and shadow of a useless and degrading emancipation.
I therefore call on this meeting, as they are Catholics, and
value the religion which they have inherited and believe ; as
they are Irishmen, and idolize their native land and her liberties,
to reject the splendid fascinations of my youthful friend, and -to
adopt the proposed mction.
Let us show that we value freedom, and therefore deserve to
be free ! Let us prove that we respect the constitution, and
therefore merit to partake of its blessings. Let us resist, not in-
crease, an already overgrown influence, which may be so fatal to
liberty, to justice, to happiness !
But I go further ; for my part, I hold my Protestant fellow-
countrymen in no animosity ; I view them with no jealousy : I
wish — I sincerely wish to elevate, not to degrade them. JThey
*re Irishmen, as I am, and I am anxious for their liberties ; even
ihould I not increase my own, I should be delighted to promote
theirs. My desire is directly the reverse of that of Mr. Sheil ;
he prefers the equality of slavery, to the having one class de-
pressed and the other elevated. For my part, if I could not elevate
the Catholic, I wish not to depress the Protestant. I would ad-
vance both if I could ; I would depress neither; and if the Catho-
lic be still a slave, it is some comfort to my mind that the Irish
DANIEL O'OONNELL, ESQ., M.P. 358
Protestant has some share of freedom ; and here I answer the
question of my young friend. He asks am I content to be a
slave, that others may be free ? The question relates to myself
personally ; I answer it at once. If I can procure freedom for
lay country, I am content with torture — death — with what is
worse than either, with slavery !
He then asks, if I consent that my children should be slaves
for the sake of my country ? I readily answer — no. For my-
self, I can submit to slavery, but not for them. It is, indeed, to
confer the blessings of liberty on the nestlings of my heart (my
children), that 1 struggle against obloquy, conspiracy, and ca-
lumny— I can sacrifice myself, but not them ; but it is my dearest
duty so to educate them in the love of Ireland, that each for him-
self will be ready to make the sacrifice of his all for Ireland.
Let me in my turn put a question or two to the eloquent young
gentleman. Knows he not how delightful it must be to suffer
for our country ? Does he not feel how sweet pain, and reproach,
and death would be for Ireland ? Has he not a monitor within
that tells him it requires no heroism to prefer his native land to
self, and that the first transport of existence must be to contri-
bute, by any sacrifice, to his country's liberties 1 If he have any,
,vhy did he question me ? if he have not, let me assure him,
compassion must give way to admiration ; and I must pity even
vhilst I admire his poetic strains.
I stop here for one moment, to protest against one sentence
of the learned doctor, on which 1 trust I mistook him. He spoke
of the thousand sects that nestle under the wing of Protestantism,
and he spoke in terms that appeared to me to imply disrespect.
For my part, I shall never, in silence, listen to any langu age
trenching on the freedom of religious opinion, or implying dis-
respect to any man who follows the dictates of his own conscience ;
if, instead of a thousand sects of Protestants, they have the same
right to choose for themselves that the learned doctor has ; and
it would little become him, struggling for freedom of conscience
for himself, to reproach the effort of that liberty in others. Any
man who worships the Deity in the form which his unbiassed
conscience prescribes, is worthy of respect ; he may be in error,
but his error can only deserve compassion not reproach.
Doctor Dromgoole here interposed by disavowing any disrespect to any iect of Christian*.
From this digression, my lord, I come back to the argument*
of the eloquent young gentleman, Mr. Sheil.
Ho intimates, that he has at length found out tha grand ecorcl
3^4 SELECT SPEECHES OF
for obtaining emancipation ; and he insinuates that we have
hitherto misconducted the cause, and postponed freedom.' I
shall follow him upon both topics — first, his secret for obtaining
emancipation ; and, secondly, his discovery of our mistakes in
that pursuit. His secret to emancipate is thus disclosed : the
English, he said, are prejudiced against us, vilely prej udiced —
their prejudice is inveterate, and cannot by any means be cured;
it must therefore be yielded to, and gratified, if you would be
emancipated ; but the only method of gratifying their proud
prejudice, is by sacrificing to it some share of the discipline at
least, if not of the doctrine, of the Catholic Church.
My lord, nothing can be more clear or distinct than this rea-
soning; but I contend for it, that it is built on untrue premises ;
and even if it were true in all its terms, it should be rejected
from higher considerations. But I deny the premises ; admit-
ting, however, that the English are ignorant — grossly ignorant
of JLS, and therefore blindly prejudiced against us. I admit this
/hot, «md the causes of that prejudice have b$en given by Mr.
Shell. The genius of misrepresentation has presided over their
historians, from the splendid romance of the unbelieving Hume
to tuo stupid and malignant fictions of the credulous Musgrave.
It ist«y tnis»*ebresentation that the English have become preju-
diced ; facts Have been distorted and falsified ; truth has been
violated ; individuals have been calumniated ; tenets abhorrent
from our judgment, our reason, and our religion have been im-
puted to us, and continue to be imputed to us!
Hduco this prejudice — hence this evil; and here also is the
rcniody to be found. It is by constant and unwearied applica-
tion to the causes of disease. It is by explaining away misre-
presentation ; by vindicating the truth of history ; by demon-
ntrat.'iu: the falsehood of calumnies ; by the public rejection of
the abominable tenets imputed to us, and the plain and manly
exposition of our real and genuine opinions. It is not sufficient
once, or twice, or ten, or fifty times to meet this enemy of false-
hood, or vindicate our friend, truth. The English have become
prejudiced by the force of repetition of calumny. We shall set
the»n right, by means of the repetition of the vindication.
Will the gentleman contend, that falsehood and delusion art
all-powerful — candour and truth vain and impotent ? In the
drat encounter, they may be defeated by proud and overbearing
r-nd .stupid prejudice, I admit ; but candpur and truth have in
them a reviving principle; and returning again and again to the
Contest, they must ultimately prevail. I do therefore rely on
DANIEL Q'CONNELL, ESQ., M.P. 3f»3
the force of the truth — on the repetition of our vindication, as tho
means of overcoming English prejudice.
He says you should sacrifice some of the discipline of your
Church to this English Dagon. I deny that the idol is worthy
of such a sacrifice. I deny that you could conciliate the monster by
any sacrifice short of your entire religion, discipline, doctrine and
all. If you offer to prejudice this sacrifice, you, by your actions,
though, perhaps, not in words, admit the justice of the prejudice.
When you offer to English prejudice part of the discipline of
your Church, you admit, at least in the opinions of the preju-
diced, the truth of their suspicions and their fear. But it is in
the nature of suspicion and fear never to be satisfied ; and the
first sacrifice will justify and stimulate them to demand more.
You come before the legislature, admitting the propriety o*
their taking away something from you ; and they, acting upon
your admission, will be ready enough to take away all. You
cannot bribe their prejudice with a share of your religion : it
will not — it cannot — indeed, it ought not to be satisfied \vi*-b
the part you offer. But thus, admitted by yourself into your
camp, prejudice would not be consistent, unless it insisted upon
converting all your property into spoil, and rendering itself for
ever secure, by extinguishing for ever its enemy. Away, then,
with this base and vile traffic — this bribing of a prejudice, which
Mr. Sheil has so powerfully proved to be absurd. Away with
this bartering with absurd prejudice — this traffic of so much o*
your religion for so much of their privileges — this exchange of
certain lots of your discipline or doctrine, for a specific quuitity
of emancipation. Wo never can succeed in this peddling an<J
huxtering speculation,. They are ready to take all and give none.
We are entitled gratuitously to our freedom, or rather we have
already purchased it by our allegiance, our treasure, and our
young blood. W« are entitled to it as a right. Reason, justice,
and nature are at our side. Let us preserve our integrity and
our honour, as well as our religion ; and be emancipated as ou-
forefathers desired — as Catholics, or not at all.
I now come to the discovery which my talented friend ob-
scurely intimated that he has made, namely, that we, agitators.
have retarded the progress of emancipation,
I have heard this charge made repeatedly out of this Board ;
1 have heard it said that by onr violence, our intemperance, and
what not, we have put back emancipation for fifty years. Against
vhe.se calumnies, too, J p.ppeal to the fact : the fact furnishes me
356 SELECT SPEECHES OF
with an answer — a triumphant answer — I could scarcely desire
any reply more complete, more decisive.
The agitation of the Catholic question commenced in 1805
and nothing could be weaker or of less effect than our commence-
ment. In 1807, the Grenville administration attempted to do
something for us — they attempted to pass a law to enable Ca-
tholics to be officers in England as they are in1 Ireland. That
was all they could attempt — but did they succeed ? No ; the
i.itempt cost them their places; and Mr. Perceval, seated on the
shoulders of the " no-Popery" mob, was borne into power in tri-
umph ; the " no-Popery" cry was raised, and all England was
8hook from the centre to the extremities. The war-whoop of
religious bigotry resounded throughout the land, and in the pride
and folly of its prejudices, it deemed the Catholic claims extin-
guished for ever.
Well, what has followed ? We continued our agitation — our
violence as it has been called — our intemperance. We passed
our strong, our " witchery" resolutions. We exposed the vices
nnd the secret motives of the insolent and venal beings who op-
posed our emancipation. I myself was in the habit of painting,
in their native colours, the creatures who, for pay, insulted ray
native land, a practice which I have given up rather from lassi-
tude and disgust than from any opinion of its being injurious to
our cause. Amidst all this violence and intemperance, what was
the consequence ? Why, that in 1813, a bill was near to pass,
intending and purporting to give us all. Our enemies them-
selves consented to give us everything except seats in parliament.
They consented to give us situations and command in the army
and navy, places at the bar and on the bench, corporate offices
and dignities, places in the excise and customs ; all, all except
parliament— they consented to all. Mr. Abbott, our leading ad-
versary, consented to everything except parliament.
Now, place the two undoubted and indisputable facts together :
in 1807 our friends could not procure for us even so much aa
the military rank in England ; in 1813 our enemies offered us>
the station of sheriffs, mayors, admirals, generals, judges and
chancellors. Compare the two periods— contrast the two situa-
tions; and then let rne see the man who will say that the Catho-
lic cause has receded, or been driven back during that period
1 demand of the candour of my young friend to admit that thft
Catholic cannehas advanced during the last seven years of agita-
tion ; I do rot ask of him the sacrifice of admitting that it has
advanced by that agitation ; bat it comforts my own mind, and
DANIEL O'CONNELL, ESQ., 357
rheers my secret soul to s*/e the natural effect result from the
plain, manly, uncompromising course we have steered.
I return one moment to English prej udice, so happily described
by Mr. Sheil ; and I ask him whether this very alteration be*
tween the opinions of the English in 1807 and in 1813 does not
Drove to demonstration that prejudice is best met by reason and
argument. During the last seven years we made no degrading
sacrifice j and yet the repetition of our arguments, and the dis-
play of truth have advanced our cause. Let my young friend
meditate on these facts, before he again envelopes in poetry the
cause of despotism, and the triumph of prejudice !
My lord, 1 have combated this eloquence advocating the in-
fluence of the crown — I have ventured to oppose it supporting
the prejudices of England ; I will now briefly allude to another
argument, or rather assertion, of his ; he says the present reso-
lution implies a censure on our prelates !
What, my lord, can it be censure to declare that we are so
pleased and proud of our prelates, who have been appointed
without any interference of the crown, that we never will consent
to any such interference 1 The Board censure the bishops! The
Board, my Icrd, has always expressed its respect, its veneration
for the bishops. Our enemies, indeed, would be delighted, if
they could establish any division between the Board and the
Catholic hierarchy. But, no ; that is impossible. Instead of the
present resolution implying censure, it directly and justly speaks
praise and approbation. We approve and applaud — and it would
be difficult, indeed, iiot to approve and applaud our prelates as
they are. We seek no change — nor will we consent to any
change that would be likely to place different men in high offices.
The prelates, too, I may venture to add, approve of tho course
pursued by the Board : they see, they easily see that however
anxious we are for freedom, we are still more anxious for the purity
of our religion — they know that though we are desirous not to
remain slaves, we are determined to continue Catholics; and
that ardently as we love liberty, we will not purchase it as the
price of sch'.sm.
It is, therefore, impossible, to separate the prelates from the
Board, or the Board from the prelates. We interfere only upon
subjects belonging to our province. Any connexion between the
crown and the Catholic hierarchy in Ireland must, of course, be
of a political nature ; and against such, we have a right to pro
test, and do protest ; but if the revered and venerable prelates o1
our Church, exercising their discretion as to that which belong*
358 SELECT SPtTECrrKS OP
to them exclusively — the details of discipline — shall deem it right
to establish a system of domestic nomination, purely and ex-
clusively Irish ; if, I repeat, our prelates deem it right to estab-
lish a system of domestic nomination — of a nomination purely
find exclusively Irish; if our prelates deem it right, in their wis-
dom and piety, to establish any such arrangement, the Board,
my lord, will not interfere with such arrangement, because it has
no right whatsoever to interfere with it ; but it will certainly ap-
plaud and grateful .y receive any such decision.
Before I conclude, let me avow the pleasure I feel that my reso-
lution on this subject was negatived — not because I think it was
an improper resolution in the sense I meant it — but because it
vas, I find, so capable of being misunderstood, 1 never com-
plained of its being rejected — all I complained f-f was, that it
was not understood. I attributed the fault to ethers, I now see
it was my own ; for the sense which Mr. Shell has put on that
resolution convinces mo that there was an ambiguity in it which
alone merited condemnation. I do, therefore, myself condemn it as
mischievous, because equivocal, and cheerfully submit myself to
the censure that may follow the man who uses, on a delicate sub-
ject, ambiguous language.
This great question is now fairly before the Board. We, who
support the resolution, call for emancipation, without making
(Air bishops the slaves or the instruments of the ministry — and
require our liberties, to which we are entitled as our birthright,
without any sacrifice of the doctrine or discipline of our Church.
We humbly petition parliament to assure us freedom, but we a«k
it as Catholics — we respectfully require of them liberty, but we
wish for it with perfect safety to our religion. . We have gi/en
them the security of our allegiance — we have sealed their since-
rity with our oaths, and confirmed it with our blood ; all we re-
quire in return is the privilege of worshipping God as our fore-
lathers worshipped him. We are ready to ensure, with our
dearest interests, the integrity of the state — all we ask in return
w, the integrity of our religion !
Those who agree with me, that we are entitled to emancipation,
without compromise, will support this resolution ; all who agree
v.-itb my eloquent friend, that our emancipation should be piir-
ch&sed by some undefined concessions of doctrine, or, at least, of
iiacipline, to absurd prejudice — for so he provod it ; *il tLo«e
r/ho think they can barg-aiu with absurd prejudice, upon th*
capital of their faith, will reject the present resolution with Mr.
Sheil.
DANIEL OCOXN12LL, ESQ.,
He has, indeed, been unfortunate in the side he hr.s wleoted ;
he has not been lucky in his allusion. It wag not the Chtholio
barons of the reign of John that crouched beneath Papal usur-
pation. It was a profligate, faithless, unprincipled prince, \vh<?
used the Pope's then authority to enable him to enslave a Catho-
lic people.
I am of the faith of the Catholic barons, who with their swords
extorted the great charter of liberty ; I am of the religion of the
Catholic parliament that passed the statute of proviscrs ; firm
in my attachment to her ancient faith, ardent in the pursuit Ox
liberty. Let my young friend join this standard, and soon shall
he become a leader. To the superiority of his talent we shall easily
cheerfully yield, and give him that station in his country's cause
to which his high genius entitles him. Let him devote himsel,
to the uncompromising advocacy of Ireland — glory will await him,
and the sweeter satisfaction of serving his country ! Let him
reject party and adopt Ireland, who, in her widowhood, wants
him ; and in her service let his motto be — " God, and our native
land."
The tone of tltc meeting was taken from this speech, and Dr Dromcooie's motion car-
ried with Acclamation.
MR. FINLAY'S ADDRESS.
ON the llth December a meeting of the Board occurred, at which. In Mr. O'Ccnr.elr*
absence of course, a splendid tribute of Catholic feeling was paid to him for his exertions
in the Catholic and national canse. The tribute was not confined to words, warm and
kindly even to enthusiasm as they were ; but a service of plate was voted, and shortly
afterwards given to him, under the following resolution, moved in a most kind speech by
Nicholas Purcell O'Gorman, Esq., the present assistant-barrister for the county of Kilkenny
" At a meeting of the General Board of the Catholics of Ireland,
held at the Shakespeare Gallery, Exchequer-street, Dublin, on Satur
day, the llth December, 1813 — Owen O'Conor, Esq., in the Chair
" Resolved — That a service of plate, value one thousand guineas, bo
presented to Daniel O'Conuell, Esq., on the part of the Catholic peo-
ple of Ireland, as a small tribute of their gratitude for the unshaken
intrepidity, matchless ability, and unwearied perseverance, with which
•n despite of power and intolerance, he has uniformly asserted fi%
rights, and vindicated the calumniated character of his Catholic fellow
countrymen.
" That the following noblemen and gentlemen do compose a con>
tuittee for the purpose of carrying the above resolution into eflect, viz.
the Viscount Netterville, the Lord Ffrench, Nicholas Purcell O'G«r-
SELECT SPEECHES OF
man, Owen O'Conor, George Bryan, Henry Edmond Taaffe,
Mahon, Randal M'Donnell, Esqrs.
" OWEN O'CoNOR, Chairman.
" EDWARD HAY, Secretary."
""here was one speech made upon this occasion, which, although «t cannot ruhily be con-
liojred as coming wtthin the scope of the present collection, we cannot forbear to give.
It M-as that of an old, fast friend of Daniel O'Connell's— a man most estimable in every
relation of life, and one who is yet living, and likely to live many a day yet, encircled a*
lie deserves by " a troop of friends." We speak of Mr. Finlay, or, as he is best known, of
honest John Finlay- true and honest in the worst of times, when there was every tempta
lion for a young struggling barrister of the dominant persuasion (Mr. Finlay is a Protes
lint) to ally himself with the oppressors of the people and the assailants of their advocates
Between him and Daniel O'Connell there was ever an old and warm friendship. A con
"eniality of mind first produced it, and closer acquaintance fast ripened it into the warm
rst and most enduring vigour. Most truly indeed may it be said that no sincerer friend
Mr. O'Connell ever had ; and none did be more sincerely recognize and endeavour to repay
the attachment
Mr. Finlay's speech bears strong evidence of t/iat talent and power of intellect which, if
nature had given him the same taste for the agitator's life of unceasing activity and ton
that animated his friend, would have rendered him "•facile, princtpt" at least of far the
greater number of those who have been prominent in the struggle for Irish righto.
Ihe following wad his address on this occasion : —
" When a man steps forth from the ranks of tranquil life, and devotea
his time to public interests, he avows that he employs him-clf in that
which is equally the business of all. Thus the public, in whose service
he starts a volunteer, are placed in censorship over his words and actions ;
and the members of the community protect themselves from self-re-
proach of civic inexertion, by scrutinizing his motives with all possible
doubt, and accounting for his acts with the least possible charity.
" This caution, though sometimes unfair, is seldom unreasonable ; it is
frequently justified by the event, and always allowable, under the prin-
ciple that no class of men should be more suspected than patriots, be-
cause no class has produced more impostors.
"But this suspicion, like everything else, should have its limits ; and
there is a length of time — a quantity of fidelity beyond which jealousy
or suspicion cannot exist without injustice to its object. Time is the
ordeal of patriotism. To preserve a patriot's purity, it is not expected
that he should be always right, because he cannot be always wise ; but
it is necessary that his acts should be always well-intended, because he
may be always honest.
" Therefore when time has assayed and established the fairness, not
;f liis acts, but of his intentions, his exertions, his talents, and his pur-
pose, it then becomes the duty of the people to repay, by an increased
portion of their gratitude, for those doubts which their caution com-
pelled them to entertain.
" Ten years have tried the fidelity of O'Connell ; and you stand now
indebted to him in the article of gratitude, not only for the quantity of
service conferred, but the time during which the trial has been pro-
tracted, and the exprpsRion of y-ur collective jcratitude deferred.
*• Tliis line of rw«ct!in£ rppkYi to «-ven fi-»e tout try. but it »im>li«v*
D.-vNIEL OCONNELL, ESQ., M.P. 6L
in a more particular manner to Ireland. In Ireland there is one simple
division of its inhabitants — Catholic and Protostant ; religion, in truth,
makes no part in the political results which flow from this distinction
Protestant is another word for the possessor or expectant of place ; Ca-
tholic, another word designating whom the law excludes. Thus power,
place, patronage, and a large portion of franchise being, in fact, denied
to the great majority, and confined to a few, they become real property
in the hands of their possessors; and, unless their possessors be endowe^
with no common portion of disinterestedness, they have every motive
derivable from self to examine with severity, and interpret without
charity, the motives and conduct of those men who would destroy that
property, by the generality of its diffusion.
" Therefore, the advocate of Catholic emancipation appears in greater
or less degree of hostility to every Protestant in this country who had
not the virtue to dismiss the calculations of self ; therefore, the advocato
most efficient, prominent, and persevering presents an aspect of political
hostility, varying its phases exactly in proportion to the degree of self-
love which sways the motives of those Protestants to whom he is an
object of observation ; and for this reason Daniel O'Connell is hated by
so.me, disliked by many, and cannot, in the nature of things, depend
for approbation on any Protestant not purely disinterested ; therefore,
he must suffer from calumny exactly as long as you must suffer from
injustice, and the amount of injury in this way inflicted is the exact
measure of reparation which mere justice should prompt you to com-
pensate.
" The permanency of his country's affection is the only species of re-
muneration to which he ever looked forward. The vulgar value of the
certifying instrument is a matter of indifference to him, and should not
be s subject of deliberating economy with you.
" " Such are the disadvantages, moral and political, which, for a time,
must always operate to obstruct the actions and obscure the motives ot
aim who struggles for the public good. The moral disadvantage ap-
plies to all countries ; but the moral and political unite in Ireland.
" There is a third disadvantage, if the patrioc be a lawyer, which I
shall call a professional disadvantage. The bar is an educated, enlight-
ened community. It has been truly said that the pursuit of the law ex-
ercises, in its study, the noblest faculties of the mind, and engages, in its
practice, the cardinal virtues of the heart. Ambition is a passion suit-
able, perhaps esse itial, to a barrister ; but, in the mind of all who art)
not great or good, envy is the inseparable handmaid of ambition. In
the barrister's career to professional success, the course is so narrow,
the competition so violent, and the prize so important, that all praise is
rigorously denied except wtien extorted by unquestionable desert. Thus,
then, where a man happens to unite the characters of a patriot, an Irish-
man, and a barrister, there is a threefold censorship imposed o'er hij
conduct, which nothing but eminent virtue can sustain, and which,
•ustsiined, cannot well bo over-rated.
" EMINENT AND PROMINENT IN THESE THREE RELATIONS, history
viU de^iribc DANIEL O'CONNELL spotless in the t elations
2 A
362 SELECT SPEECHES OF
life, matcldtxa tn the duti^ uf private friendship, beloved by every man
who knows him, esteemed by all who have not a prejudice or an interest
in disliking him ; vith manners that instantly disarm hostility, there
never yet was a man introduced to him for the Jirst time, under pre-
possessions to \is disadvantage, that did notjeel his dislikes hastily eva-
j/oratiny. and depart from t/ie conference a convert to esteem !
** At five in the morning you will find him in his study ; at five in
the evening you will probably tind him still labouring in the public
*ervice ; if you cannot tind him thus employed, you may be almost
Certain of finding him at home. I never knew any man of equal in-
uusiry ; I never thought that any man could be so industrious. No
man at the bar labours more in his profession, and no man at the Board
labours so much in politics ; but to labour 30 much, and to labour .vo
well, far exceeds the common notions of human capability.
" Social and sober — polite and unceremonious— cheerful, affable, can-
did, and sincere — proud with the haughty, and meek with the humble;
his frown rebukes arrogance to inferiority, and his smile lifts humility
to his own level. His virtues cannot be indifferent to you ; they should
\e objects of your care, for tliey have been agents of your interest.
- Such a man, in difficult times, volunteered as the advocate of presi
and people. The apathy that followed the measure of the Union had
depressed the nation to political indifference. Lord Clare had declared,
in the British House of Peers, that the Catholic people felt uninterested
in the question of emancipation. It became necessary to correct the
error or the fact. The two great pillars on which emancipation could
be raised were, the exercise of a free press, and the exercise of the
.jut or' petition. O'Connell started the advocate of both ; and here
commenced the political hostility between the interested advocate for
the governor, and the disinterested advocate for the governed ; that is,
between Mr. SSaurin and Mr. O'Connell.
•• Those two pillars of emancipation were assaulted alternately by the
Attorney-General. A new and severe tax was imposed on the press, in
the expectation that men would be discouraged from embarking their
property in a speculation in an enterprise so unprofitable as an inde-
pendent journal. The experiment failed ; the press was not weakened
—it was strengthened ; and those who had been the friends became the
enemies of the Irish government.
•• This attempt against the Press was made during the ministry of
Mr. Foster ; the next attempt was against the people, and made in the
ministry of Mr. Pole. A proclamation was issued against the manner
in which the people exercised the right of petition. A circular was
ksued, which every magistrate in Ireland felt it his duty to disobey.
It appears by the declaration of Mr. Pole, that this circular was the
suggestion of Mr. Saurin. It appears, by the highest law authorities
u England, that it was a composition of which a lawyer should be
ushium- 1. Ex-ofjicio informations were poured in abundance against
the Ciit.iolic peers and gentlemen who presided at the Catholic meet-
ings. Thf convention act, enacted many years before, was called into
Oil ion against tlic people.
DASIEL O'CONNELL, ESQ., M.P. 363
"The r.ext attempt was against the Press. The Press was attached
fcy every mode of attachment, information, and indictment. The most
objectionable mode was first resorted to — attachment. The cry became
.oud ; and the less objectionable mode of information was next resorted
o ; and as the cry became louder still, this usual and more constitu-
jonal mode of indictment was finally fixed upon.
•' Mr. Saurin, ambitious of a character for lenity, has lately declared,
Ln his motion for an aggravation of punishment, that he had not prose-
cuted more than three. Of his Majesty's Attorney-General I should
not wish to rpeak without deliberation. It might be unbecoming — it
might be unsafe. I am not inclined to speak disrespectfully, or other-
wise. I must not, in politeness or in prudence, contradict ; but when
he states as a fact, that of the Press he never yet prosecuted but three,
I may be permitted to say, without offence, that this is an assertion
rhich, consistently with a gpod conscience, I dare not to affirm.
" It is certainly true that he did prosecute the Irish Magazine for
the article called 'The Painter Cut;' secondly, Mr. Fitzpatrick, for the
Statement of the Penal Laws ;' and, thirdly, Mr. Mugee, for the arti-
cle against the Duke of Richmond : these are three. But it is equally
true that he did prosecute the proprietor of the Freeman's Journal, by
that most objectionable mode of prosecution, ar attachment, and thai
be did obtain that attachment ; and that Mr. Hai vey, under the appre
nenaion of its execution, was for a year confined to his own house, i
••AH &ay this is true, for I was present at these motions. This reckon*
•Wr.
" It is equaDy true that he moved for another attachment against eack
nf two proprietors of the Evening Herald, and although the Court of
ixing's Bench unanimously pronounced the libel to be NONSENSE, they
however, granted him the attachment, with their opinion that he ought
r.ot to execute it. This I know, for I was counsel in the cause. Then
reckoning this prosecution against two as but one prosecution, I say this
makesjfce prosecutions.
** It is equally true that he at the same time filed an ex-ojfficio against
the Herald. This I know, for I was counsel in the cause. This reck-
ons six. It will not be denied that he also issued ex-ojficio informations
against the Correspondent and Freeman. These make eight. He also
issued, of late, two ex-ojfficio informations against two Kilkenny papers
for publishing the resolutions of public bodies. These make ten. He
says three — I say ten. Does he mean to say that he only prosecuted
three to conviction f The fewer he prosecuted to conviction compared
with the number that he did prosecute, shows his want of ability rather
than of will, and gives no claim to the character of lenity ; but even
reckoning those that be prosecuted to conviction, he does not reckon
fairly. He only reckons, even in this sense of prosecuting, Cox for one.
I say he prosecuted Cox for THREE, and obtained conviction for TWO
Thus, taking prosecutions for CONVICTIONS, he is not right, and taking
prosecutions in its proper sense, he should hav« said TWELVE instead
of THREE.
" lu addition u> thia azo informed tl>at lie issued ex-.jhcw inform*-
-T* SBJLECT SPEECHES OP
lions agalast uhaoet all of the publishers of Dublin, at? me sm^ect M
the « Stntecjent of the Pcn»l Laws.' Then where is the ground of his
ooast of lenity? Filially, the Irish Attorney-General, after bavin jr pro-
duced one sleeping- statute against the Press, brought forth another
against the people — the Convention Act against the people — the Stani|
Act against the Press — both enacted in bad times : neither of them
were enacted in England — neither of them before n?ed in Ireland.
The operation of this Stamp Act was to extinguish the property itself,
or at least wrest it from the owner's hand. Mr. Magee was obliged
to part with his property ; but though an unprecedented act of power
tore his property from him, he took care that it should not be torn from
the service of the country.
" Mr. Saurin having so far succeeded, by every usual and unusual
mode of prosecution against Press and people, finally attacked the advo-
cate of both. His speech for his client was the ground of complaint
An attempt was made, by the partizans of power, to injure his profes-
sional character, by insinuating that he had injured his client by his
defence ; and the unbecoming rumour was soread abroad, that the man-
ner of the counsel should be the measure of mercy — that had Mr.
O'Connell been more merciful to Mr. Saurin, Mr. Saurin would have
been more merciful to Mr. Magee ; but this insinuation lost its force
— it was very well known to every one, and to no one better than to
Mr. Magee, that tenderness was not among the weaknesses of his pro-
secutor.
"• The object of the motion in aggravation was, in truth, to punish
the advocate for the defence. Mr. Saurin insinuated ulterior proceed-
ings, and the benchers were sounded on the subject of stripping the
advocate of his gown ! Many severe philippics bad been pronounced
it the bar before. Such a measure was never attempted Lord Clare
nas been compelled to look at a portraiture of hio own vices, presented
co his eye by an immortal advocate, but he never dreamt of punishing
the advocate by law. He has spoken in the severest terms in the House
,>f Lords respecting the pTiilipnic on the trial of Finner*y ; but he never
thought of any proceeding Oi this description. The Solicitor-General
admitted it was a most extraordinary proceeding ; and his apology for
this most extraordinary proceeding was, that it was an extraordinary
speech : but what was the amount of blame imputable to the speech ?
I omit the appeal to the passions of the Chief- Justice — an appeal which
m decency should not have been made, and which never could be made
with decency. This being omitted, what is the amount ? The compo-
sition of that jury, and the distribution of justice in this country. As
to the distribution of justice, I shall be very cautious in speaking on
'hat subject: it appears to give particular offence. I do not wish to
.ose my gown : I cannot afford it as well as O'Connell : but I hope I
may say this much without losing my gown — that a considerable pre-
judice exists on the subject.
." I lately heard a peasant say — * Oh* Sir, it requires a great deal of
INTEREST in this country for a poor man to get a LITTLE JI:STICE !'
L'iiia prejudice is verv widely spread I ^ not boast of a parliculaz
DANIEL O'CONNKLL, ESQ., M.P. 365
of mind, and, therefore, plead guilty to the infirmity of being
occasionally affected by this prejudice myself.
" As to the business of 'selected juries, the fact cannot be denied, that
the religion of a Catholic operates as a challenge to exclude him from
juries in every criminal case of importance. The juries, without one
exception, have had no Catholic in any crown prosecution in which the
Attorney- General has been engaged. These two topics were the objec-
tionable parts, for I cannot suppose that extracts from history constitute
crime. The.se two topics were the ground of offence ; so that, in future,
it will be safe, perhaps necessary, to believe that the juries are selected
equally and indiscriminately, and that every judge and every juror is
b«
cuser
have
have a greater right to be angry with their panegyrist,' said Mr. Bushe
God help us ! How are we to speak of them ? Act upon both opi-
nions : say nothing at all upon the subject.
" I lament that this discussion has arisen here ; for notwithstanding
Mr. Saurin's reliance on the respectable Catholics, I don't see any Ca-
tholic, respectable or otherwise, who appears here disposed to defend
him, although some are of opinion thafi he requires some defence.
•Therefore I am sorry that his conduct is discussed, but he challenges
you to it. He sent you an issue, and it becomes necessary for you to
return him his verdict. Why should he rely on the Catholics ? Hf
has used against the press and the people every species of prosecution
legal and severe, common and uncommon. He has brought forth tw«
statutes — one against the press, the other against petition — both unused
before — both strangers to the law of England ; he has issued circulars
and summonses to his own house, both rebuked by high law authorities
in England, and he is the first Attorney-General who ever made a mo-
tion in aggravation in Ireland. Was it just that his Stamp Act should
tear from John Magee the property of a paper which he had convictedr
— and if it was, is it just that it should also deprive him -of the property
of another paper, which was not convicted? Are these the grounds of
his reliance ? Why, then, he rests upon a broken reed.
" As he asks, give him a verdict, and express your condemnation of
his conduct, by the honours which you pay to the object of his persecu-
tion.
" It is your duty to hold iup O'CONNELL. It has been said with some
truth that no man ever yet yoked his fortunes to the fate of Ireland,
who was not ruined by the connexion. The Catholic cause is of con-
siderable weight, but it is said its weight has often operated rather to
sink than float its adherents. Contradict those imputations. Give me
uow, in the instance of O'Connell, a practical proof that this rumour is
untrue, and in doing so I make not this an occasion to express your re-
spect for the virtue of economy ; parsimony at best is amongst the
minor virtues ; it is a personal attribute, it should make no part of a
people's character when developing their affections to a great man for
«$re^t services in a great cause If you do exercise it upou this occ:i
4 SELECT SPEECBES OF
nion. it maj be said in fact, as it must be said in law, you do not r*»pre-
**ent the benevolent purposes of ray generous countrymen.
•* Power lias attempted to put down O'Connell ; it is the people's in-
terest to hold him up. What would you do without him ? Wlio woula
you get like him 9
" lu his political and forensic capacities, his enemies allow he pog-
tesses two qualities always essential, not always combined — an intrepid
Advocate, an HONEST Patriot, a clear head, an honest heart, and a
manly purpose, are seldom united — are united in him, and necessary
for you. He resembles Mr. Whitbread in that every-day working talent,
which does the business of practical usefulness, and which in both, cu-
rious to say, is compatible with eminence of talent — a sort of talent
that does not work itself down — that, like the memory, gathers vigour
from its toil— and, liice the Bridge of Caesar, acquires strength and soli-
dity from the very weight of its burden. Therefore Whitbread, in
real usefulness, is worth half of the opposition — he is, in fact, an oppo-
sition in himself; and so it is with O'Cannell.
•' Compared with such a man, what are the dozens of periodic orators
who, like myself, occasionally come forth with a holiday speech, decked
in the finest trappings of our eloquence. Give me the man who is not
ifraid to lose character by every-day work — who will speak well to-day
and ill to-morrow. Every man who speaks often, must sometimes
speak ill. Health, indisposition, constitution, fits of dulness, many
things may cause it ; but give me the man who will not avoid speaking
when necessary, because lie may speak with less effect ; who will not
deem it necessary to let the soil lie fallow in order to give value to the
future production ; who in truth is more anxious for the public service
than his own fame, and who, in public attention, rests upon facts and
not upon phrases !
" This power of continual exertion falls to the lot of very few ; for
my own part, in my humble exertions, I have found occasional periodic
exertion more than enough ; and I have often been surprised and asto-
nished at the powers of uninterrupted and successful exertion which
exist in Whitbread and O' Council, and do not at all exist in the same
degree in two other men in these countries.
" These talents are now yours ; you should prize the highly gifted
konest owner, lighting the battles of his country, he stands exposed to
llie shafts of angry power. Let Hiberuia, in whose cause lie acts and
suffers, cover her patriot with her ample shield —
" ' Let him but stand in spit* of power,
A watchman on the lonely tower
His thrilling trump will rouse the land.
When fraud or danger is at hand
By him, as by the beacon light,
The pilot must keep course aright.'
«« But if he, like many others, should be fated to endure the ingrati-
tude of the country — if he should be placed in the mklst of useless
friends and implacable enemies — if his enemies should gratify their
l»urpose against bin. —
DANIEL O'CONNELL, ESQ., M.P 367
* ' Then i« the stately column broke,
The beacon-light is quenched in smoke,
The trumpet's silver sound is still.
The warden silent on the hill !' "
?U« passage vtth its poetic quotations, was cited last in the declining days of the Repeal
Association, some months after Daniel (/Conner's death, by poor— poor— " Tom Steele I*
The effect was then most thrilling ; what tfie effect would be if now cited in a popul.t
assembly, and whether the prediction it embodies would be held to have come true, it is
not for the editor of these speeches to say.
Mr. O'Connell's acknowledgment of the great compliment paid him at the meeting of
the. Catholic Board, last mentioned, was made on the succeeding Saturday, 18th December,
1813, at their next meeting— Owen O'Conor, Esq., again in the chair.
To you personally, Sir (said Mr. O'Connell to the chairman),
I trust I need not apologize for not having answered your com-
munication. I have the honour of calling you my friend ; am
I hope the high value which you know I entertain for your pub-
lic and private worth, will convince you that I could not have
intended anything disrespectful to you personally, by not ac-
knowledging your letter.
With respect to the public, my reason for not answering the
communication is either the best or the worst in the world. Ic
is literally this — I was unable to do it ! I did frequently attempt
to commit to paper the expression of my feelkigs, but my powers
of language sunk beneath the effort. I was utterly unacquainted
with any form of words that could give utterance to the sensa-
tion which throbbed at my heart. I could guess at no terma
which could even impart an idea of the gratitude which swelled
in my bosom for so unmerited an honour, conferred by such a
people, and on so humble an individual
The feelings to which this unexampled kindness gave rise,
were not to be expressed in any form of words. My gratitude is
too big for language, and I leave it to kindred spirits to recognizu
and appreciate sentiments too ecstatic and too refined for ul*
terance.
But should I not have seized this opportunity to make pro
fessions of attachment, of zeal, of affection for the ill-starred lam
of my birth 1 Should I not endeavour to repay your exceeding
kindness, by deelaring that your approbation would increase that
attachment — enliven that zeal, animate that affection ? No, Sir,
1 will not make any such profession. They would be untrue,
and I scorn them. No, Sir, even your applause — and who
can describe how much I value your applause — even your ap-
plause will not, because it cannot, increase the devotion with
which I have consecrated my existence to Ireland. I have a I-
368 SELECT SPEECHES OF
ready devoted all the faculties of my soul t< the pursuit of thr
liberties of my country; and humble as my capabilities* are, i
had already given them all to my native land.
Alas ! the gift was small, but, it included certainly purity 01
design, sincerity of intention, perseverance of exertion, contempt
of personal danger, neglect of personal advantage, and finally,
incorruptible integrity and truth.
You cannot increase my zeal — nay devotion, but you have re-
compensed them beyond measure, and beyond reason. 1 have
been unable to serve my country — I am a zealous but a useleat
servant ; and you have thrown away upon mere zeal that high
recompense of your approbation which ought to be reserved for
actual services. However flattering to myself, still I cannot but
blame the prodigality of your kindness. 1 know I owe mud;
oi it to private friendship, and 1 avow I have been delighted and
gratified beyond measure by the proofs of friendship which your
resolution has been the means of calling forth. It has satisfied
me that I may rank amongst my friends those persons whose
virtues and patriotism must render their favourable opinion au
( bject of the highest consideration to every man, and whose
friendship must reflect honour upon any individual whom they
shall distinguish by it !
I am glad that it was introduced, because it elicited those
proofs of friendship ; and I am grateful to my enemies, who gave
occasion for an exhibition of the feeling which was that day wit-
nessed here. I am glad that the enemies of my country, whw
i\re my enemies because they are hers, have so completely ideii-
> fied me with the Catholic cause, and have proved that they at-
*-ack me only when they commit still greater attacks upon Ireland.
But there is another and a higher consideration — a considera-
tion which gives me pure and unmixed pleasure — it is that af-
brded by the stimulus you hold out to the patriotism of others,
when you bestow honours thus liberally upon plain and unser-
viceable honesty. The man who dedicates himself to the cause
v>f his country must calculate on meeting the hostility and ca-
umny of her enemies — the envy and falseheartedness even of
' er friends. He must reckon on the hatred and active malignity
of every idolator of bigotry — of every minion of power — of every
agent of corruption. But that is little ; he will have to en-
counter the hollow and treacherous support of pretended linen < is
—-of those interested friends respecting whom he will in vam
exclaim — "God protect me from my friend, I can x'
froxn mine enemies !"
DANIEL O'CONNELL, ESQ., M.P. 360
\\~hat is to cheer and to recompense him in his exertioiis t — •
The richest and best of re wards — your applause !
You have, then, done wisely to grant that precious recompense
to one so little deserving as myself, because you have thereby
held out a prospect to higher minds of what they may expect
from you. You have fanned the flame of pure patriotism, and
I trust enlisted in your service the juvenile patriots of the land
-with talents superior — oh ! beyond comparison — to my preten-
sions. (Mr. O'Counell here turned to Mr. Shell who sat near
him.) [Hear, hear.]
And he and others will be roused to serve and adorn their
widowed country.
Of your traducer I shall say nothing. You have refuted his
calumnies. For myself I need not tell you that, in the struggle
for the liberties of Ireland, every peril, personal or political, is
to me a source of pleasure and gratification. For myself I can
only once more repeat that any language I am acquainted with
sinks beneath the sensations with which a reward so dispro por-
tioned to the only merit 1 can lay claim to (that of good inten-
tion) inspires me.
1 have heretofore loved my country for herself — / am now her
bribed servant, and no other master can possibly temp' >ie to
neglect, forsake, or betray her interests !
Forty years have elapsed since this protestation : nearly seven since the death ot him
•u li<> made it.. Let Ireland now calmly review his life and acts, and say did ho not, keep
•us word
At the meeting of the 18th, at which Mr. O'Connell thus spoke, there were read preli-
minary to the business of the day, communications from the Earl of Donoughmo.-e juwi
Henry G rattan, in answer to the explanatory address of the Board, passed some meeting-
previous.
The tone of these letters was not improved, continuing to savour very much of captiou*
ruperciliousness ; but the ground which the writers took at the beginning of the corres-
rondwice was so far lowered, that they consented to receive, at suggestion*, the statement
of CathouO opinion which they had before co stiffly refused, and endeavoured to stigmatise
vs, an attempt at dictation.
Alter a few words from Mr. O'Connell and others, the consideration of them was post
cued to t future day
CATHOLIC BOARD.
Saturday, December 2±th, 1813.
EDWARD BLAKE, of Frenchfort, in the Chair.
*•• rtose the record of Catholic proceedings in the eventful year 1813, -with th«lr mceciitf
f ( Jtaturday, December 24th, on a matter that had given rise to considerable oieitemon-,
Ae4 duciLvsion— it was the speech of Dr Dromgoole, when proposing his motion of eutln
370 $KW/rr SPEECHES or
lepwllation of Sb.arities; and the whole affair can be. best explained by a brUf account o.
•ome of the occurrences at it.
On the chair being taken, Dr. Dromgoole rose and said he had, on the last day of meeting
litimated that it was his intention to take an early opportunity of replying to the aniinad-
rersions made on his speech. It had borrowed its importance, not so much from anything
to be found in the speech, as from the mutilation of the paragraphs. As he meant to havd
»t printed in a correct form, accompanied with a > indication of his statements and opinionA
Ae trusted the Catholic Board would, until then, give him a short respite of opinion.
Mr. O'Gorman immediately got up, with the Dublin Evening foil in his hand, containing
Dr. Dromgoole's sj-eech, and a »neet of paper, containing the heads of the objections whicii
he (Mr. O'G.) intended to urge.
Mr. O'Conncll and otLers urged the propriety ot granting the delay desired.
After some discussion, Mr. O'Gorman being called upon proceeded : —
"Sir, this is a question of too vital and important a nature to be stifled or suppressed. It
resolves itself, in fact, to this point : whether the Catholics of Ireland shall silently submit
to hare themselves considered as participators in the folly and guilt of a speech which
amounts to a complete verification of ail the calumnies imputed to us by Dr. Duigenan, Mr
Giffard, or Sir Richard Musprave— for silence is, in this instance, acquiescence.
"The objectionable passages of that speech which were heard, were rebuked on the spct
joth by my learned friend (Mr. O'Connell) and myself; those were the passages in which
he described different descriptions of sectaries, as nestling under the wings of Protestantism ;
and in which he alluded to the improbable, nay, almost impossible case of a Catholic be-
coming the king of those realms."
Mr. O'Gorman then went on to review the speech, tenatim, and concluded thus :—
" I have felt it a paramount duty to disclaim, both on my own part and that of the body,
loctrlnes so unwise, so injurious, so dangerous, so unjust, and so uncliristianlike ; and 1
trout the disclaimer will be adopted by this meeting.'
Mr. Finn followed, and entered his solemn protest against the doctrines contained in,
the speech imputed to Dr. Dromgoole.
Mu. O'CONNELL said, that before the question was put, he, toe,
was anxioua to deliver his sentiments : and although he concurred
vrith the i ^solution, and was desirous to redeem the Catholic
Board from the novel charge of bigotry, yet he was still more
anxious to rescue his excellent friend, Dr. Dromgoole, from the
load of much unmerited calumny.
In despite of that calumny, he would call and consider Dr
Dromgoole his excellent friend ; he had qualities meriting that
name, both as a public and a private man. As a public man,
he was zealous, talented, honest, incorruptible, persevering, in-
defatigable ; as a private man, he was kindly, sincere, unaffected
— with as little of the oppressive bigot disposition about him —
with a disposition as contrary to bigotry an«l oppression as any
human being.
In public, you all know him — in private, I know him well •
and a man more abhorreut of any violence or constraint upon any
religious opinion whatsoever, however repugnant to his own.
cannot exist. I have, therefore, to complain, that so much cla-
inour has been raised against him upon the report of a speech
which, he tells you, is not correctly reported— and which w«,
DANIEL O'OONXELL, ESQ., M.r. o7I
who were present when he spoke, all know cannot possibly bf
correctly reported. 1 do but justice to my friend in this de-
scription ; and although there is no calumny I fear so little as n
charge against me of bigotry — because even my enemies kno\v
that I am the devoted advocate of the principle of religious li-
berty— yet I must do myself the justice to say, that no man can
reject and condemn, more distinctly or emphatically than I do
whatever of intolerance, or of harshness, or of bigotry, may be
found in the speech published as that of Dr. Dromgoole.
But I do not condemn that publication upon any ground of
impolicy ; policy does not seem to me to be the ground upon which
our censure should be placed ; I know of no policy that could
justify, or ought to palliate the suppression of every man's real
opinions ; for my part 1 have no desire to enter into the paly
of the constitution under any disguise — I have no wish to filch
.iway any part of the constitution. My sentiments are frank anu
avowed : I am a Roman Catholic from conviction, as well as in
consequence of my birth and education — I am firmly attached
to the Catholic persuasion, because it appears to my mind the
best ; and whilst I admit, cneerfully, to others r. similar right </»,
selection and preference, I disclaim and reject any emancipation
but that which shall be granted to me as a Catholic.
If this declaration be displeasing to our enemies — if it have
not sufficient of accommodation and conciliation for our kind
and condescending friends, let them reject my claim, for I never
will condescend to cffer that claim otherwise than as a Catholic.
Speaking, therefore, of the speech, not as spoken here by Dr.
Dromgoole, but as published for him, I have no hesitation in
saying, that it is not because of its impolicy I find any fault with
it, but upon that principle of mutual toleration and respectful
courtesy towards each other, which ought to govern the speeches
ind publications of all sects of Christians.
Perhaps we are justified in treating the bigotry of a Catholic
rith more harshness than the same quality in a Protestant, just
•a the injury one suffers from a friend is more unpardonable
.han the extreme of outrage from an enemy ; yet I am grieved
:o see that those very persons who behold, with perfect indiffer-
ence, the Catholic religion and Catholic people of Ireland out-
t-aged and insulted in the most scandalous and infamous manner,
)xhibit all the violent and frantic irritation of a diseased and
aorbid sensibility at the lesser offences comprised in the speech
published by Dr. Dromgoole. I do complain that this morbid
fusibility should exhaust its violence u*xm the speech attributed
372 Blfl.rcCT ffPEECHJRS Olf
tc the learned doctor ; and whilst I do not justify, but reprobate
fcvery harsh and narrow-minded passage in that publication. !
do not, I cannot forget the beastly and brutal bigotry towards
ns which in daily exhibited in the newspapers in the pay of the
government, and which is sanctioned by the laws themselves.
This clamour, which lias been excited respecting the learned
doctor's speech, brings with it one source of gratification. I air
pleased to find our Protestant friends and enemies so alive to the
evils of bigotry. It seems to me as if they had made a new dis-
eovery, and they show a zeal and freedom which does honour to
their feelings, and is proportionate to the goodness of the cause
in which they are engaged — that of hostility to bigotry. I have
ran before them — in this hostility to bigotry I now most heartily
join them, friends and enemies — I most cheerfully join them in
their hatred of bigotry ; all I require of them is to allow this
holy animosity to be impartial and just — to suffer it to be ap-
)licable and applied to all parties and religious persuasions.
Let it not be exhausted and spent upon Dr. Dromgoole's
\>eech ; but let, at least, a little of it be reserved for the bigotry
«»f those who attack the Catholics of Ireland.
I have had lately occasion to refer to Dr. Duigenan's paui
j)hlets ; and I thought to select some passages to show how mucb
higotry may be borne by modern liberality, provided it were V
^otry directed against the Catholics. But it was vain to enduv
vour to select — there is but one idea in the entire of his works.
that Irish Catholics are perjurers in principle, traitors from choioo,
and murderers by religion.
During the Richmond administration in Ireland, this ma.-
was made a privy councillor, for no other reason but his calum-
nies against OB, and yet these detestators of bigotry — these mei?
who are now in such a ferment against illiberality — these ac
cusers of Dr. Dromgoole were silent, or applauded the promotion
of Duigenan ! If, however, I have not been able to make any
selection from amongst the calumnious rhapsodies of Duigeuan,
1 have collected a few flowers from the government newspaper
of the last six weeks — 1 will not disguat you with the reading of
more than two of them.
Under the date of the 18th of last November, a newspaper in
the pay of the Castle has the following tiratk.-. upon the occasion
i:f the seat called Castle-Brown, in Kildare, having been, as it
usserts. purchased by Jesuits :
'• Ireland stands in imminent danger. If Popery pnoeecds, hei
plains will once more witness days worthy of bloody Marv'
DANIEL O'CONNELL, ESQ., M.P. 373
and the walls of Deny shall again become the lamentable bul-
warks against Popish treachery and massacre !"
Well, this from men who hate the expression of any kind of
bigotry ! who are in a rage at Dr. Dromgoole for using the word
"novelty" in a disrespectful sense ; it is, one would think, rather
uncivil. " Papist treachery and massacre" are perhaps nearly
as bad as " Protestant novelty."
But this is a mere jest, compared with a paragraph which I
found in a government newspaper of the second of this present
December. Hear it with patience : —
" The letter of Cranmer (alluding to a letter inserted in that
paper), shows that times respectively, when each of the funda-
mental tenets of Popery were invented, viz., the power of the
Pope to dispense with oaths, and depose sovereign princes, by
absolving subjects from their oaths of allegiance, the nullity of
oaths to heretics, their extirpation as a religious duty."
Recollect that it is not a mere isolated individual — it is a man
patronized and salaried by the administration — a man paid with
our money, that has the effrontery to traduce us thus. To attri-
bute to us, as fundamental tenets, doctrines of perjury, murderr
/ind treason — doctrines which, if they were those of the Church
of Rome, I would not belong to her communion for an hour —
doctrines which shook anity, and would make religion the
most cruel and tiie most absurd mockery !
Where is now that fever of zeal and fever of liberality that
induced the public press to strain all its energies on the attack of
Dr. Dromgoole? Whom did his published speech accuse of per-
jury, of murder, and treason ? What ! shall it be said that, like;
the eels in the story, we Catholics are so accustomed to bo skin-
ned alive, that we do not feel it, but that the sensibility of every
other sect deserves the highest protection — that of the Catholic
people none 1 Are, then, the Catholics, in the opinion of their
friends, in such a state of moral degradation, that it is quite unim-
portant how they are treated ] Alas! I much fear there are too
v many who think so; and, miserable slaves that we are, our own
dissensions encourage and justify the opinion.
But that opinion has a higher source still. The law — the bar-
barous and calumniating spirit of legislation — has consecrated
the contempt in which we are held. No Protestant 3an hold
Dffice in Ireland without being obliged to swear : —
"That the invocation of the saints, and the sacrifice of tin.
mass, as they are now used in the Chu^i vf Rome, are supersti-
tion* and idolatrous !"
574 SELECT SPEECHES OF
Take notice, it is not any abstract notion that may be formed
of these practices, but the practices themselves, u'a* titey are (Mu-
tually used," are idolatrous.
Thus our Protestant relatives, kinsmen, friends, are to swear
solemnly, to attest to the ETERNAL BEING, that we are IDOLATERS !
Hence, then, with the partial and corrupt irritability that seeks
for uu.jes of censure in the language of an unavowed individual
CuthoHc, and forgets the paid, the salaried, the authorized, alas!
the sworn calumnies, the bigotry of our adversaries.
But do I justify the speech given to the learned doctor? Oh,
no ; certainly not. I do not think calumny and bigotry can OF
ought to be set off, the one against the other ; or that the Ca-
tholic could or ought to compensate himself for the intolerance
of his enemies by being himself intolerant. No ; 1 condemn bcth
— I condemn equally — I condemn the paid bigot and his em-
ployer, as well as the volunteer bigot and his approvers. I would
if i could silence both, and establish in the place of hatred, bigo-
try, and recrimination, a heart-cheering system of affection, tole-
ration, and mutual cordiality; and I would call upon all the
liberal press of Ireland — a press which has such a paper as the
Dublin Evening Post at its head — not to exhaust all the thuu-
ders of my friend Dr. Dromgoole, but to reserve enough of its
fire and fury to blast and destroy all the enemies of perfect free-
dom of conscience.
Let me not be for one moment mistaken. Much as I regard
Doctor Dromgoole, I never shall conceal my decided disapproba-
tion of some of the topics contained in his printed speech. I
heard one of them here ; and, respecting my friend as I sincerely
do, I distinctly reprobated that topic, and insisted that reproach-
ful language should not be used of any sect or persuasion. Doc-
tor Dromgoole will also give me credit to believe, that if I had
heard any where other topics of the printed speech, I would
equally have disclaimed them at the moment.
But there is much exaggeration in the censure I heard this
day — the meaning is shamefully mistaken — I had almost said,
distorted ; but there is one thing quite clear, that this Board is
Jie most unfit theatre in the world for polemical divinity. 1*
is bad enough any where — here it is abominable. The Protes-
tant divines assert their system commenced with the Christian
era, and was disfigured by the idolatrous errors of Popery for
..enturies. The Catholic divines assert, that our sybtem com-
menced with the apostles, and has been continued since, in un-
iu to erupted and unbroken succession aiiti liiat our
DANIEL O'CONNELL, ESQ., tt.P. 375
have embraced human inventions in the stead of truth. The in-
hdel will be apt to exclaim, " Sottise des deux parts /** — and the
•ober layman will leave the discussion to the divines at both
sides.
Doctor Dromgoole seems to think that the word Protestant,
which has been in use for near three hundred years, is a ncvelty.
The word sec "MS to have caused great anger and violent indigna-
tion. I reall) am not aware of its insulting quality. If it be
true, why not use it ? If it be untrue, what harm can this un-
important falsehood do ? But the fact is that those nubjects, one
and all, are unfit for oar discussion hero. The mutual assertions
of polemics cause irritation and enmity, and never can induce
conciliation or conviction. No man is ever converted from his
opinions by persecution or abuse. Let all those subje-cts be for
over banished from amongst us, and let us set the glorious exam-
ple of preaching and practising the doctrines of that Ctiristianity
which is founded in fraternal affection, and best evinced by fra-
ternal charity.
Eight years have now elapsed since our agitation commenced.
During that period we have had meetings of every class ; we have
had speakers of every age, of every occupation, of every profes-
sion ; we have spoken in the hour of hope ; we have talked in
disappointment ; we have been heard in the long intervals of
doubt — almost of despair ; during this period our active, zealous,
and indefatigable enemies have watched us well. The secret spy,
the avowed hireling, the treacherous friend, have attended to all
our discourses, and yet they have been unable to detect one sin
gle phrase of bigotry, a single expression of illiberality, a single
idea of harshness to other sects, or a single indication of that
mind which would retaliate oppression upon the oppressors.
We could not have kept a secret so long. We could not have
suppressed our real sentiments. Why has there, to the present
period, been no bigotry discovered ? For one reason only, be-
cause it did not exist ; and those who boast that they have at
length discovered it in Doctor Dromgoole's speech — those whc
exhibit such joy at the discovery, do, in spite of themselves, by
their very triumph at the discovery of bigotry in one individual
pay the Catholics at large the compliment of admitting that
the discovery was unexpected — that bigotry was rare amongst
us, and the finding of it, therefore, a triumph to our enemies
In this very triumph is found the finest eulogium that could be
paid to the long-oppressed and mildly-suffering people of Ii>»
laud. It is the voice of a bitter enemy in its joy proclaiming
376 SELECT SPEECHES OF
its astonishment that a cause of repr.iach could be found *o
"•tibt in. any one individual of the Catholic body.
I conclude by giving my concurrence to the motion. For my
own p-*rt I have devoted much of my time to th< Catholic cause
— a time of little value, alas ! to my country, but of great value
to myself; but I would not give up one hour of that time, or a
single exertion of my mind, to procure the more victory of any
one sect or persuasion over the others ! No, my object is of a
loftier and different nature. I AM AN AGITATOR WITH
ULTERIOR VIEWS !— I wish for liberty— real liberty i
But there can be no freedom any where without perfect
liberty of conscience. That is of the essence of freedom in
every place. In Ireland, it is eminently, almost exclusively
the hope of liberty.
The emancipation I look for is one which would establish the
rights of conscience upon a general principle to which every
class of Christians could equally resort—a principle which would
serve and liberate the Catholics in Ireland, but would be equally
useful to the Protestant in Spain — a principle, in short, which
would destroy the Inquisition and the Orange Lodges together,
and have no sacrilegious intruder between man and his Creator?
I esteem the Roman Catholic religion as the most eligible. All
I require is that the Protestant, the Presbyterian, the Dissenter,
the Methodist, should pay the same compliment to his own per-
suasion, and leave its success to its own persuasive powers, with*
out calling in the profane assistance of temporal terrors, or the
corrupt influence of temporal rewards.
With these views, with these sentiments, I concur in the re-
solution proposed, and, I am encouraged to concur in it because
it does not appear to me that my friend, Doctor Dromgoole,
thinks it ought, in its present shape, to be opposed, or if I find
any difficulty in acceding to it, that difficulty arises from my
great contempt for that hireling clamour, excited by the vilest
bigots, against a very feeble imitation of their own practice, and
to which clamour you appear to me to offer a tribute wliich it
toes not deserve to obtain.
This senseless and magpie accusation of bigctry is raised
Against us by the very creatures who are daily trafficking them-
selves in bigotry. The Orangemen arraigning religious prej u-
dices ! Oh, for a sermon in favour of chatstity, to be preached
by the venerable keeper of a brothel ! Yet to this goddess is
the tribute of this vote offered. Think yon that you will con-
ciliate th«>Ke who raised this uproar i Do you iinngrie tha*
DANIEL O'CONNELL, ESQ., M.P. 377
tight from heaven would convince them ? No, no T they have
an immediate interest in traducing you, and, right or wrong,
ihey must give their allotted portion of bigotry.
I do dislike this motion on that account, and it does require
Jfce knowledge that Doctor Dromgoole himself will not oppose
ihe motion, to bring me over to his support.
There is another principle of opposition, too, which I meant
to take, and if I did, it would, I imagine, be irresistible — it is
the precedent which this vote will leave. I solemnly protes*
iigainst it as a precedent. I would not have the Board made re-
sponsible for the speeches of any individual I protest against
such responsibility. I would not have the Board deemed an-
swerable for the speeches of my learned friend, Mr. O'Gormatk
nor for my nearer friend, Mr. Finn ; still less would I have you,
held responsible for my discourses. And yet if we disavow Doc-
tor Dromgoole's speech, what will be the obvious consequences f
Why, that the hirelings will exclaim at every sentence that sound*
harsh to their servile ears, "Why, this is the sentiment of the
Catholic Board." It will be in vain to answer, " No it is tho
sentiment but of an insignificant individual" — I allude to rr.y
own case — the reply will in future be decisive. It must be the
opinion of the entire Board, otherwise they would disavow it, a.
they disavowed Doctor Dromgoole.
Thus the present motion, originating as it has done with men
whose eiTors can be attributed only to mistaken patriotism, will
for ever afford our enemies an argument and a proof that the
opinions of each individual are authorized by the Board, because
not disavowed.
Yet I will not divide the Board, but vote for this motion, be-
cause it gives me another opportunity of reprobating bigotry and
religious rancour in general, and of pouring my execrations on
the causes of that feud which changed the inhabitants of this
land from countrymen and brothers, and made them aliens tc
each other, and mortal enemies; that feud ^hich has struck
down the ancient kingdom of Ireland from her rank as a nation,
leaving her nothing but the name of the paltry and pitiful pro-
vince, in which we vegetate rather than live !
Alter Mr. O'Conneli. Df DroirgooU p>oke. and >bo resolution jiaased.
2 B
378 SELECT SPEECHES OP
COURT OF KING'S BENCH.
THE KING at the Prosecution of the DUKE OP RICHMOM) v. MAOEJB.
Ws revert once more to the year 1813, to give another act of the Magee melo-arama.
MR. O'CoNNELL said he was instructed to move the Court to
set aside the verdict of conviction obtained by the prosecutol
ugainst Mr. Magee. These were the reasons assigned by the de<
fendant, upon which the verdict ought to be set aside : —
" First — That the jury v/as not regularly empannelled, ballottcd, and
sworn.
" Second — That the jury was unduly returned upon a second venire,
dler a former venire had been issued and returned. .
"Third — That there was not evidence to go to the jury of a publicn-
cation of the alleged libel in the county of the city of Dublin, and for
the misdirection, in that particular, of the learned judge."
To raise these objections in law, it would be necessary to ex-
amine the facts, and these facts were brought before the court
by the affidavit of Mr. Magee, which stated that notice of trial
ftad been served on him on the 17th of May last ; that a writ cf
venire facias had issued, tested the 5th of May, and returnable
on theltfonday next after the Morrow of the Ascension, which
had been returned with a panel annexed ; that he heard and
believed that a writ of distringas had issued, grounded on that
venire.
The affidavit further stated, that the trial having been post-
poned, it did not take place till the 2Cth of July ; that a new
writ of venire facias, bearing test the 31st of May, and returnable
in three weeks from the Holy Trinity, had issued und was re-
turned with a panel annexed ; and that in the panel annexed tc
the second venire, there were some names different from those in
the panel annexed to the first venire.
Such were the facts disclosed by Mr. Magee's affidavit. There
had been abundant time given to the crown-solicitor to answei
this affidavit, and to rectify any mistake or misapprehension ; no
answer had been given, and, therefore, for the purposes of the
present motion, it must be taken for granted that the facts were
w Mr. Magee stated them to be ; in other words, the defendant's
Affidavit must be taken to be true.
Chief Jnttic«~We -will not look to any affidavit— these are matters of record. We win
toasult the officer of the court upon them- this is the time to have the facts ascertained
Vf him. Mr. Bourne, how to the fact ?
DANIEL O'CONNELL, ESQ., M.P. 379
Mr. Bomne, the cl;rk of the crown, said that on the 5th of May a venire issued return .
BMe on the 31st, being the last day of term, on which day the court had postponed th»
trial. The venire, however, had been returned in the usual way, with the panel annexed
by the sheriff, on the .30th of May, but no distringas issued on that venire. On the 31st o
May A jfcond venire issued, returnable on the morrow of three weeks of the Holy Trinity
lad on this venire a distringas issued, and the trial was had.
Mr. O'Connell asked if the names inserted in the second panel were not different froa
those inserted in the first ?
Mr. Bourne said that there were some of them different.
Mr. O'Connell — Now, my lords, we are agreed as to all the facts, except one. We ar*
agreed that two venires issued, and were returned with a panel annexed to each, and that
those panels were different from each other. The only fact we can dispute about is the
issuing-of the aistringas on the first venire. Now the affidavit states that such distringaf
issued. The'crown-solicitor, who must know the fact positively, as it belonged to him
alone to issue it, is silent. The fact being unoontradicted by him, who alone could posi-
tfvely contradict it, must be taken for admitted, because not denied. I am, therefore, at
liberty to assume, for the purposes of my argument, that there were two writs of distringat
as well as two writs of venire.
Chief Justice — No such thing. The officer declares that there was but one distringaat
and we will take his certificate as conclusive.
Mr. O'Connell— My lord, the officer cannot certify any such thing. He does, I admit,
declare it, but he cannot certify it, because a negative certificate to that effect would be in
the nature of an alibi, lasting from the 5th to the 31st of May. If the officer was for one
moment out of the office during that period, the distringas might have issued without bis*
knowing -nything about the matter ; for it is not to be supposed that he can possibly
recollect all the writs he signs for a month. Now the practice is to issue the venire and
disfringas together. Yon will find it so laid down in Tidd's Book of Practice, 5th edition,
page 795. The assertion of the officer is therefore of no weight in the matter. The only
way to contradict our affidavit would be by the affidavit of the crown-solicitor, who musk
know the fact, or a negative certificate out of the seal-book.
Justice Day — If the distringat had issued, it would have been returned to the office, and
we should find it with the officer, along with the venire. .
Mr. O'Connell— No, my lord, you could not find it with the officer; it is never returned
to the office ; it cannot be returned to the office, because it is not a returnable writ ; nor
in It ever brought in, unless there be a trial, and then it comes to the officer, . together witt
the posted.
Justice Day— Why, it is impossible that distringas could have issued. The venire waf
returnable on the 31st of May, the distringas could not issue until the next day, and npoj
the 31st the court postponed the trial.
Mr. O'Connell— Is it your lordship's opinion that the venire being returnable the 31st
May, the distringas could not be tested or issue until the 1st of June ?
Justice Day — Certainly ; that is my opinion. I am quite clear that the venire being
Returned on the 31st of May, the distringas must bear test next day.
Mr. O'Connell— Then, my lord, that would be error ; that precisely would make the
Record erroneous. The identical point was determined in Tutchin's case, 2nd Lord Raym
1061, and 14th Cobbett's State Trials, 1095. There the venire was returnable the 23rd ol
October— the distringas bore test the 24th, and it was held to be a discontinuance, and the
Judgment was arrested.
Chief Justice -Well, Sir, tee are all of opinion that the report of the officer must be taitn
conclusive ; and you are bour»! to argue the case as if no distringas bad issued. We wil'
j>t hear the matter debated after the declaration of the officer.
MR. O'CONNELL — Well, my lords, I must take it so ; and realty
ft does not weaken the case of my client. The law is as clearlj*
in his favour as if it was admitted that the distringat had issued ;
380 SELECT SPEECHES Of
nl though, until controlled by the court, I did not feel at liberty
to give up even a point of no great importance.
Let me, before I go into the argument of the case, take the
precaution (probably a superfluous precaution) of showing that
Uie court can, and may set aside verdicts had against any person
charged with a crime. When the party accused is acquitted,
then, indeed, the court cannot set aside the verdict ; but it is
otherwise when a verdict of conviction was given. In 2 Haw-
kins, 628, it is said to be settled, that " the court cannot set
aside a verdict which acquits a prisoner, but they may a verdict
that convicts, as contrary to evidence, or the directions of the
(earned judge, or any other verdict whatsoever for a mis-trial."
This authority is express, that a verdict of conviction may be set
aside ; so it seems may any verdict, which I understand to mean
even a verdict of acquittal in the case o'f a mis-trial.
Now, my lords, this is an application to set aside a verdict of
conviction, and in the strongest possible case — a case of mis-
trial. There was, I contend, a mis-trial for two reasons : —
First, because the jury was not regularly empannelled and
balloted for according to the provisions of the act, called the Bal-
loting Act ; and
Secondly, by reason of the second venire.
The third point — the want of legal evidence — belongs rather
to the class of cases upon improper verdicts, than as a ground of
mis- trial.
Upon the first point, the fact appears on the record that there
were but twenty-four jurors returned. If the case be within the
Balloting Act there should have been at least thirty-six. The
(act also is, that the jury were sworn as they appeared ; but if
the case be within the Balloting Act, they should have been
drawn by lot. Now I contend for it that this case is within the
Balloting Act. That act is the 20 Geo. II. c. 6. It is entitled
" An Act for the better regulating Juries." The recital of this
act is general, that many evil practices had been used in cor-
rupting of jurors returned to try issues before justices of assize,
or at nisi prius, and expressly to prevent the like practice the
remedy is applied by the legislature.
The first section prescribes the amount of property, which
shall be a necessary qualification for jurors, for the trial of issues
between party and party before justices of assize or nisi prius,
save upon trials per medietatem lingua. I entreat of the court
to carry the exception in its recollection, as trials per medietatem
can occur only in criminal cases. The 3rd and 4th sections of
DANIEL O'CONNELL, ESQ., M.P. 381
ihe statute are those the construction of which is now in contro-
versy; they enact that, after the 1st of May, 1756. every sheriff
or other officer, to whom the return of the venire, or other pro-
cess, for trial of causes before the justices of assize or nisi prius,
doth belong, shall annex a panel thereto containing not less than
thirty-six, nor above sixty names of jurors, and that those names
need not be entered in the distringas, but the panel referred to ;
and the statute then enacts, that those names shall be written
on separate slips of paper or parchment, and put into a box or
glass, and drawn out by some person appointed by the court for
that purpose ; aod that the first twelve names so drawn shall
constitute the jury, unless in case any person be set aside on a
challenge when another name is to be drawn, and so on in every
case of challenge until the jury is complete.
My lord, if the case of Mr. Magee come within thia statute,
there has been a mis-trial, because the proper number thirty-six
were not returned, and because there was no ballot, or drawing
of the names. But it will be contended for, on the other side,
that this act of parliament is applicable solely to civil cause*,
and does not extend to criminal causes ; and this position is sus-
tained upon the legal rule that the king, is bound by no act of
parliament, unless specially named or necessarily implied. I
admit, my lords, the fact, that the king is not expressly named
in this act. I admit also the rule, as a general rule, but it has
exceptions, and I think I shall be able to demonstrate that this
act binds the 'king, and extends to criminal cases. I shall estab-
lish that this act includes criminal as well as civil causes upon
three grounds : —
First — Upon the ground that this is one of those acts of par-
liament which, upon general principles, bind the king without
his being specially named.
Secondly — Upon the construction of the act itself taken sepa
rately.
Thirdly — Upon the construction of this act, as induced and
forfeited by a comparison with other statutes made in part ma-
ter ia.
I have admitted the rule, that the king is not bound by auj
statute unless specially named. I insist there are exceptions
to that rule. The very first authorities in the law prove those
exceptions. The words of Lord Coke, in the 2nd Inst., 681, are
these — " Whenever a statute is intended to remedy a wrong, as
the statute 32 Henry VIII., to prevent a discontinuance by the
husband of his wife's estate, the king is boundby it, though not
382 SELECT SPEECHES OP
spe-lally named." I beg also to refer the court to 5th Co. 14 — •
letters A and B, called the "Case of Ecclesiastical Persons." Ic
is expressly laid down " that all statutes to suppress wrong — to
take away fraud — to prevent the decay of religion — bind the
king, though not named in them." And in the case of the king
against the Archbishop of Armagh, reported in 1st Stra. 516, itia
decided, that the king is bound, without being named, by all
statutes for the advancement of religion or of learning. Thus,
then, we have exceptions to the rule that the king is not bound
by a statute unless expressly named. The king is bound, though
not named by all the statutes made to remedy wrong, to sup-
press wrong, to take away fraud, to prevent the decay of religion,
lo advance religion, to advance learning.
Does the statute in question come within any of those excep-
tions, is the only remaining question. It is an " act expressly
to prevent the evil practices of corrupting jurors, and to pro-
cure a fair and impartial trial." Is not that to remedy wrong ?
Is not the suppression of the corrupting of jurors a suppression of
a wrong? Is it not a fraud to corrupt jurors, and does not this
act take away a fraud t I may 'go further and say, that it is au
act to prevent the decay of religion, because in the corruption
of jurors perjury is necessarily implied, and surely, where perjury
prevails religion must decay. But this may be a forced construc-
tion, anJl I need not rely on it. It is quite plain, that this is a
statute which remedies a wrong, suppresses a wrong, and takes
away a fraud j it suppresses and gives a remedy for a wrong
of the most grievous, scandalous, and abominable kind, the cor-
rupting of jurors; it takes away a fraud of the most mischievous
and dangerous description, the corrupting of jurors.
Is the court prepared solemnly to determine that to corrupt
jurors is no wrong, nor any fraud ? Look at the instance put by
Lord Coke of a wrong, for the suppression of which the king is
bound without being named. A discontinuance by the husband
of the wife's estate — a mere inquiry to individual property ; and
can it be imagined that the corrupting of jurors, which renders
all property, life, and honour insecure -the corrupting of jurors,
which destroys the very foundation of our laws, and renders
civilized society worse than barbarism — the corruption of jurors,
including judicial robbery and murder ; that all this is so light
and trivial a nature as to be no wrong, no fraud, and not to be
compared in importance with the invasion by a husband of the
rights of his wife to her freehold estates.
I feel that I consume time unnecessarily when I press this
DANIEL O'CONNELL, KSQ., M.P. S83
point. It :s impossible that this evil should not be admitted tc
be a wrong and a fraud ; as the authorities which 1 have cited
cannot be overturned, I look with confidence to you: decision,
that this statute of the 29th of George II. is one which binds
the crown, although not specially named ; but the case is still
stronger, because even if the Court decided the question against
me on the general principle, yet this particular statute is so
framed as to bind the king. He is bound by the first section.
That section enacts, that in the trial of all issues joined between
party and party in the courts above or at Nisi Prius, no person
shall be a juror unless he have a certain property, except on
trials per medictatem linguce, and also except in counties of cities
and towns. Now, if ever the exception proved the rule, this is
a case where it does so. The exception is of a trial per medieta-
tem ; but that trial can be had in criminal cases only. It can
be had in the one case alone where the king is a party. The
legislature have excepted this species of trial. If they had not
expressly excepted it, it would have been included, or this ab-
surdity must follow, that the legislature, by express words, ex-
cepted that which was not included at all in the enactment.
To this dilemma is the Court reduced, it must decide either
that the general enactment of the first section includes criminal
cases, and then this exception is sensible and rational, or that
the first section does not include criminal cases, and then this
exception, introduced by the legislature, is absurd and nonsen-
sical. Either my construction of the statute is the right cue, or
the legislature has enacted gross and childish nonsense.
Which construction will the Court adopt 1 Assuredly that
construction which I piit on the statute, and which gives to the
entire of it good sense and plain meaning, and the Court will at
once reject that interpretation which converts the act into a
jumble of absurdities and contradictions.
Having thus established upon the constitution of the first sec-
tion of the statute that criminal cases are included in it as well
as civil, I come to the third and fourth sections ; and here the
matters appear quite plain : those sections speak of any sheriff
or other officer ha-ving the return of the venire or other process,
for the trial of causes (those are the words of the act), before
justices of assize or Nisi Prius in any county. The words are
general, they apply to all sheriffs and officers, to all jury process,
to all causes, and to all counties. There is no exception here
v* in the first section of trials per medietatem. There is no ex -
here as in the first section of counties, and cities., and
BELBCT SPEECHES OF
towus. Let 3t be recollected that I have established that tm
first section applies to criminal as well as civil cases, and then
have only to contend for it, that the other sections, which are
more extensive in the words of enactment, are at least equally
extensive in meaning.
The state of the argument is this ; I have proved that the
first section, though more limited in phrase and language, extends
to criminal as well as civil cases, and all that remains is to show
that the third and fourth sections, which are more extensive in
phrase and language, are equally extensive in meaning. But
the very terms of the proposition are self-evident, otherwise this
absurdity would follow, , hat when the legislature said less it
peant more, and when it said *iore it meant less. And now, my
»ords, to decide the construction of the statute against my client
will be to introduce inextricable confusion and absurdity into
tur statute law, and render language of no avail but to confound
all meaning and understanding. It may, perhaps, be answered
as I have before heard the assertion made, that the king is never
included under the description of a party to a cause. My answer
will be the words of the 10th Charles I.' c. 13, an act which I
will have again to refer to. It enacts : —
" That in all cases where a full jury does not appear, then
cither party may pray a talcs, as well where the king is a party
as otherwise."
I cite this act to sjx>w that the legislature, under the descrip-
tion of party to a cause, has included the king, thus giving a
legislative meaning to the word which precludes the necessity of
any argument to show its legal meaning. 1 have thus obviated
the only objection that I conceive can be raised to my con-
siruction of this statute. I have thus I hope successfully con •
tended, that this statute should be construed to extend to crimi
nal as well as civil cases, but I deem it right to confirm this con-
struction, by pointing the attention of the Court to statutes
made for the same purposes — the procuring of fair and impartial
jurors. Statutes made in aid of the same purpose have been al-
ways used to aid the construction of each. The courts consider
the entire as one system of law, each part of which should serve
to support and illustrate the rest.
Let us see then how the present statute can be best considered
to form part of the same system, with the 10th Charles I. ; it in
the 13th chapter of the 2nd session of that year. The section
I would particularly call the attention of the Court to is the
Jiird ; it is entitled : —
DANIEL 0'CONNF.LL, ESQ., M.P. 385
"An Act concerning the Appearance of Jurors at Nisi Prius."
Tl.e first section relates to the qualification of jurors and re-
gnlal es the venire ; the second regulates the distringas ; and the
third provides for the appointment of a tales, for default of the
jurors named in the panel "in all actions as well Where the king
is a party as where he is not."
Now take those two statutes together, you will find the king
included in the first, which purports to regulate the jurors at
Nisi Prius ; you will find him included as a party, and you will
find criminal cases (for none other can be meant) comprised in
the words " all actions." See, then, whether it be possible to
exclude the king from the second statute. That statute is part
of the same system with the first, and both are made with the same
object ; the intention of the legislature is the game in both — to
procure a fair and impartial trial. As rj the third section of
the statute of the 10th of Charles -., so in the first section. of
the 29th of George II., criminal cases are plainly included.
Can the Court perceive all this, and not feel the monstrous
absurdity of attempting to disjoint the two statutes — to break
•ip the system of law into fragments, by giving to one statute a
different construction from the other ? And why should this be
/lone ! Why should the Court make the legislature thus capri-
cious ani contradictory ? Why should it make the first statute
differ from the second ? Why should the Court make the first
nection of the second statute contradict the third and fourth
sections of the very same statute ? Surely the mischief which
the legislature desired to remedy is as great in criminal as in
civil cases.. It is as easy to corrupt jurors in criminal as in
civil causes. Nay, it is more likely to be done. The temptation
to corrupt — the temptations to be jcorrupted are much stronger
m criminal than in civil causes. The evil consequences are as
great, really much greater, in the criminal causes. Why then
shall the Court adopt a construction of the statute, which, against
the words and plain intention of the legislature, must confine the
remedy and relief intended by parliament to crimes of minor mis-
chief and more difficult perpetration, and exclude the cases of
greater evil and more easy commission.
My lords, I confess I am anxious to succeed upon tm» j^it
of the case. If the Court will give my construction to the act,
they will go far to prevent any odious and atrocious attempt to
pack a jury. The subjects of the land will have the same chance
of i air and impartitJ jurww* iu criminal oases tried at Nisi Priua,
^ SELECT SPEECHES OP'
as they have in civil suits, and the law upon this subject wili
be consistent with itself, and conducive to justice.
Let it not be said that the practice of returning but twenty-
four jurors has fixed a judicial construction upon this act. I
deny that any practice can alter the law, and besides practice iu
civil cases (and the practice has been confined merely to civi!
cases) cannot have been considered as of any importance. It ii
a practice that could not be controlled by the parties, because
under the statutes of Isofailes, the error is cured by verdict, and
therefore, there has been no person interested in civil cases t<
bring this practice in review before the court. It would be ol
no avail to a party in a civil suit to go to the expense of calling
on the court to decide upon the construction of this act after
verdict, when he was stopped from taking any advantage of the
error.
I do, therefore, firmly rely on it, that the practice in civil
cases cannot afford any assistance in construing this statute.
The statute itself must decide the question, and to that I with con-
fidence appeal.
If this statute, the 29th George II., be held to extend to cri
niinal cases, there is an end to all question, and the verdict inus*
be set aside. If, on the contrary, the court shall decide that thi>
statute does not extend to criminal cases, then our second objec
tion must prevail — that of the two venires; because it is onl)
that statute which allows a second venire after the first is re-
turned. The prosecutor is reduced to this dilemma — either the
29th of George II. c. 6, extends to criminal cases (and then there
das been a mis-trial for want of sufficient return of jurors, and
4/f a ballot), or that act does not extend to criminal cases, and
then there has been a mis-trial, because of the second venire.
My lords, neither at common law, nor under any other statute
could a second venire issue after the return of the first ; even in
civil cases no second venire could issue at common law. The
rase of Pretious v. Robinson, 2 Vent. 173, proves that there could
be no second venire at common law. It was an action in which
jssue was joined in Hilary Term, in the second year of Willian.
and Mary ; the venire was awarded and issued in that term. In
Easter Term a second venire issued, upon which a trial and
verdict were had ; the jury returned was precisely the same upon
loth venires, yet the verdict was set aside upon the grounds of its
being a mis-trial. The court said all the proceedings were void,
there being no authority for the second venire. This, my lords,
is a case in point, though a weaker case than ours ; for the jury
DANIEL O'COIINELL, ESQ., M.F. 387
in that was the same — in ours, different. The case of Pretiout
v. Robinson appears, however, to have been the cause of the in-
terference of the legislature. The inconvenience of continuing
the same jurors from term to term, until it should suit the con-
venience of the parties to go to trial ; to continue the jury for
years in attendance, was felt, in civil cases, to be a great incoDve-
uience to suitors as well as to jurors themselves, and therefore
Ihe legislature interfered. But you see from the case I have
tited, that at common law there could have been but one venire,
even in civil cases; and the practice was. to continue the jury
by issuing a distringas, then an alias, and then a pluries distrin-
gas, and so on until the case was tried, see Tidd's Prac. 789. The
first statute in England that altered the law in this respect was
the 7th and 8th of Will. III. c. 32, which was amended and ex-
tended by the 3rd Geo. II. c. 25. In Ireland, the statutes that
relate to the venire are, first, the act of the 10th Chas. L, st. 2, c.
12 ; it enacts, that any mis-awarding of a venire, or defect in its
return, shall be cured by verdict ; but in this act there is an ex-
press exception of criminal cases.
Second — The act of 7 Will. III. c. 25 ; it enacts, that want of
fifteen days between the test and the return of the writ of venire
shall not be deemed error ; but in this act there is also an ex-
press exception of criminal oases.
Third — The act of the 6th of Anne, c. 10 ; it enacts, that a venire
may be directed to the body of the county, and not to any par-
ticular ville, but criminal cases are excepted.
These, my lords, are the only statutes in Ireland which altered
the common law, with respect to the writs of venire facias, before
the act of the 29th Geo. II. c. 6. But in the three former acts
criminal cases were excepted, so that unless the last act, the 29ih
of Geo. II. applies to criminal cases, the writ of venire in those
cases must be regulated by the common law, and then the autho-
rity of Pretious v. Robinson is in point to show that there could
not have been a second venire.
But this doctrine does not rest upon the authority of that soli «
tary case. The law is distinctly laid down in the case of tfc
King v. Franklin — a case which occurred in the 5th of Geo. IT 4
the year 1731, and of which a full report is given in 5th T. Rep.
453, in the case of the King v. Perry. In Franklin's case it was
material for his counsel to show that there ought to have beer a
second jury under the English Special Jury Act; but they failed
upon the construction of that act, and they were compelled to
admit that at common law there could not have been a venire de
388 SELECT SPEECHES OF
<&ovo. Lord Raymond, then Chief Justice, is indeed express upon
ihe point. " The statute of William and Mary," said he, " does
not extend to criminal cases ; and, therefore, in criminal cases
there cannot be a necond venire" Such is the express decision
of the court in Franklin's case, :n 3731 ; and that case is adopted
as clear law in 1793, by the unanimous opinion of the Court of
King's Bench, in the King v. Perry. The same law that, after
one venire returned, there could not issue at common law a se-
cond venire, is expressly laid down by all the books of practice;
you will find it in Tidd, 5th Ed. 1792, in Gilb. Comm. Pleas, 92,
and laid down very distinctly in the case of the King v. Hairt
and Mann, in 1st Stra. 267.
In that case there was a scire facias, at the suit of the crown
to repeal letters patent. One of the defendants pleaded to the
facts — the other demurred in law. The Attorney-General applied
for a trial at bar. It was resisted until after the argument of the
demurrer ; because if that were determined against the crown,
any trial of the fact would be superfluous. The Attorney-General,
however, said that the venire was returned and filed, so that if
the trial was put off, there would be a discontinuance. But the
court said, " there is no danger of a discontinuance if the venire
be filed, the proper entry is that the jury ponitur in respectu; if
it be not filed, you may enter a vice comes, not misit breve, and
either will prevent a discontinuance."
So that upon all these authorities — Pretious v. Robinson, The
King v. Franklin, The King v. Perry, Tlie King v. Haire and
Mann, and from all the books of practice, I draw this undeniable
conclusion, that after one venire is returned and filed, there can-
not be a second venire without a discontinuance and a mis-trial,
unless under the authority of the statute of the 39th of Geo. II.
But the prosecutor, in the present case, cannot rely on that act,
because if this case be within its provisions, then there was a mis-
trial for the other reasons adduced.
Perhaps some flimsy attempts may be made to distinguish this
case from those I have cited, upon the idle allegatior that the
first venire was not filed. My lord, this distinction would be so
very senseless, that I conjecture it would be resorted to only be-
cause there is no other possible mode of escaping from the di-
lemma to which the prosecution is reduced. But I disdain to
argue upon so unfounded a distinction. The venire is produced
in court from amongst your records ; It is produced, together
with the rest of the record, and as part of the entire. Nothing •
is filed unless this venire be filed j and 1 believe it would bft in>
DANIEL O'CONNELL, ESQ., M.P. 389
possible to show any authority to distinguish between records
that are filed and records that are not. I dismiss the objection
with the perfect conviction that it cannot be seriously attended
to, and does not deserve a serious reply.
Thus, then, stands the case ; there are two venires, both re*
turned and filed. The first is totally abandoned, and, although
in the office, yet a false suggestion entered of vice comes not
nisit breve. There was, therefore, a discontinuance, there was.,
therefore, a mis-trial.
There was a discontinuance because the first venire was not
followed up in regular course. The entry should have been a
respite of the jury— -ponitur in retpectu — respectus being the latf
Latin for a respite ; but instead of that entry a new venire is
awarded, and upon that the trial is had. The first venire is
abandoned, and completely discontinued ; any the slightest in
terruption in the progress of the process is a discontinuance. In
Tuchin's case, which I have already cited to the court, the venire
was returnable the 23rd of October ; to continue the process re-
gularly the distringcu should Lave borne test on that day ; it
bore test the next day, the 24th, and this was held to be a dis-
conti nuance or interruption of the process ; yet, as the law knows
no fraction of a day, the process was well continued by the venue
until the last moment of the 23rd of October, and the distrmgai
carried it on from the first moment of the 24tl* There was
therefore, no discontinuance, no interruption of the process, savi
for the ideal instant that may be supposed to separate the las*
moment of the 23rd, from the first moment of the 24th of the
same month ; but the law recognising the existence of that idea,
instant, as making a separation between the venire ana rfw-
trinqas • and the -venire being completely ran out before tn*
distringas commenced, the court decided that there was a want
of connexion between them, which prevented a regular continu-
ance of process, and the judgment was arrested, and Tutchm
escaped punishment, although he had been convicted by a jury.
But see how much— how infinitely stronger Mr. MAGEES case
is • the first venire was returned the 30th of May last ; on the
31st its return was out ; from that day to this there have been
110 further proceedings on it ; it has been abandoned, not for an
ideal instant, but for many months, and altogether; there is n«
tnan who can contend but, under those circumstances, a discon
linuance has occurred in the cause.
I may, mv lords, be greatly mistaken, but I confess it seeml
to me to be "impossible to get over these objections. Fhe pro-
390 SELECT SPEECHES OF
lecutor has discontinued his first venire, and therefore the sub-
sequent proceedings are void. He has tried Mr. MAOEE upon a
second venire and a new panel, and therefore the proceedings are
void ; or if he shall resort to the statute, which enables parties
in civil cases to abandon the first and issue a second venire, then,
my lords, his proceedings are equally void for want of the- ballot
and the proper number of jurors which that statute requires.
The third point relates to the evidence. I feel the case so
itrong upon the two views of it, that I am disposed to abandon
Jie third to the exertions of my learned colleagues. In fact, tlie
jnly evidence given of a publication in Dublin of the matter
dleged to be libellous was the paper left at the stamp office.
Sow, the purpose of its being left there was merely to have the
$amp duties calculated and paid. It was not left there for any
.ither purpose of information — not that the columns should be
/cad or communicated to others. Can this be called a publica-
tion ? I admit it proves proprietorship ; but suppose — and
ipon the present evidence you are bound to suppose — Uiat only
jhe one paper which was sent to the stamp office to have the
luties ascertained, was printed, could you call that a publication
if a libel in Dublin ? I submit that would be carrying the doc-
?rine of constructive publication farther than it has yet been ,
irid the court will not, I trust, make, in a criminal case, any de-
cision so unfavourable to the liberty of the subject.
I conclude with conjuring the court not to sanction the pro
ceedings of the Attorney-General in this case ; for, supposing
ind admitting that it did not originate in improper motives, it
paay lead to improper conduct in future law officers. I mean
not to make an unnecessary charge upon the present law otficert
of the crown ; but if the court determines this case against mj
client, they will enable a future attorney-general to change hi
jury as often as he pleases, until he shall procure one suited to
his purposes : whilst, by the same construction, the subject will
be deprived of all chance of a fair and impartial trial, by being
deprived of the large number to select from — the knowledge of
their character and situations in life in time to prepare his chal-
lenges, and the fair chance of having the best men in the panel
on the jary ; all precious advantages, to which every subject ^ho
has property to the amount of £10 at stake is clearly entitled.
DANIEL O'CONXELL, ESQ., M.P. o91
PRESENTATION CUP TO MR. O'CONXELL.
In reference to the subject of popular compliments to Mr. O'Connell, it will save time to
Insert here the following publication from the Dublin Evening Post of January 18, 1814 :—
" Daniel O'Connell, Esq., at his house in Merrion-squaro, was this day, January 14, 18K,
^resented with a silver cup, accompanied with the following
« ADDRESS.
" « SIR — Please to accept from the manufacturers of the Liberty of
Hie City of Dublin, a silver cup as a token of their confidence and
esteem. It is but the widow's mite ;- yet they hope not less accept-
able, aa it overflows with their affections.
•• « They value equally your private worth, and public transcendent
fcUities, evinced on all occasions for tlie good of our common country.
" « May your days be long and happy in your honourable professional
ftirsuits— so as your children's children may unite in greeting you with
Sirs, for having handed down to posterity, unsullied, those virtues and
talents which we all so much admire.
" « We are with respect, your faithful humble Servants,
" « J. TALBOLT.
« * C. DOWDALL.'
« ANSWER.
« « FELLOW-COUNTRYMEN- -You make me very proud ; you make me
very vain. You call this the token of your esteem and your confidence :
you offer it a* the pledge of your affections! My Insh heart swells
\\l\i i»teful acknowledgments. It prizes your gift beyond all that
^low Gy do° yoV^ate me I I have not talents,-! have not
*rvices-but I have a heart devoted to the civil and religious liberties
rf our common country. Your kindness confirms and exalts that dcvo-
dor and sooner shall my heart cease to vibrate than forsake the cau»e
?f c^tramUordiality, or abandon the wish and the hope /or the
•.'-establishment of the independence of Ireland. widow's
« < You compare the situation of your manufactures to the i w Uow s
state Alas' your country is widowed too! Manufactures and fiee-
national
e
"^MTgratituae to the manuf^turers will be best enn«£ U 'I *n
392 SELECT SPEECHES 07
* ' To hold a place in your esteem, confidence, and affection, and to
uerit it by the honesty of my wishes for the welfare of our country, is tho
Srst ambitirn, fellow-countrymen, of your devoted and grateful Servant,
" « DANIEL O'CONNELL.' "
The cup in question is a very handsome one, and reflects great credit upon the taste and
ridll of the Irish artist and fabricators.
On the occasion of receiving it, Mr. O'Connell, in allusion to the then subsisting custom
of toast-giving, declared that no toast should ever be drunk ont of it sore
" THE REPEAL OF THE CXIOV !"
It Is a melancholy thing to reflect upon, that low and poverty-stricken as wa= the c>*ndi-
tionof that extensive district entitled •'The Liberty" of Dublin City, it has long since
fallen much lower, and, indeed, declined into utter ruin. The time is many years ago KOII«
by, vhen such a presentation could be repeated as that which we record; and, "Tht
Liberty" which, during the Irish Parliament, was the focus of active and most remui.era
Live manufacturing employment of various descriptions, is now, and bus for a long t 'me
taeu known, only as the focus of the last and uttermost wretchedness and helpless destitu-
tion.
ILLEGAL SOCIETIES.
/he following speech of Mr. 0 Council's, was delivered on the very last day of the year
.611:-
At a meeting of the Catholic B.«rd, at the Shakspeare Gallery, Friday, 3Ist Dec, Mr-
O'GORXAV in the Chair,
MR. O'CONNELL rose to make his promised motion on the sub-
ject of illegal associations. Ho said that the importance of the
subject he had to introduce should serve as an excuse for want
of method. The miseries of Ireland pressed too heavily on the
heart not to exclude every other consideration.
It required no authority to prove that Ireland had been
wretched almost beyond the lot of humanity. Her sufferings
were known where they were not felt — in England. The present
Lord Sidmouth, then Mr. Addiugton, in one of the Union debates,
had said, "that in the six hundred years since the reign of
Henry II., there had been more unhappiness in Ireland than in
any other civilised nation not actually under the visitation of
pestilence or internal war. There was neither prosperity, nor
tranquillity, nor safety." Such was the representation made
before the Union, and it was now confessed by everybody, thut
the Union had not diminished our calamities.
It was beyond the present question to consider the causes of
the miseries of Ireland. They were either too remote, or too
obvious, to justify any lengthened commentary. But the effl-cU
of her wretchedness were daily exhibit*! in various wild and
frightful forms.
DANIEL O'COXNELL, ESQ., M.P. 393
Amongst; these effects stood prominent the tendency of the
people to form combinations and secret associations. The law
of nature which, during evaporation, gave a form to the crystal,
was not more powerful than the moral influence that tended t<j
connect in bonds almost indissoluble the children of misfortune.
Under various fantastic denominations, the Irish people classed
themselves together in societies, some of which still exist, but
many had left little trace, save their names, their crimes, and
the graves of their victims.
There had been, or were, " White Boys," and " Right Boys"
— " Caravats" and " Shana vests" — " Thrashers" and " Carders"
—"Hearts of Steel" — " Peep-o'-Day Boys"— '-'Defenders" —
"Orangemen" and "Ribbonmen" — and, above and different from
all, " United Irishmen."
The immediate causes that had produced those associations
were of two different kinds. The associations had two distinct
characters. The first cause and character were to be traced to
the oppressions of tithe-jobbers and land-jobbers ; and to this
class belonged the " White Boys," "Right Boys," "Caravats,"
" Shanavests," "Thrashers," and "Carders." The second cause
and character were easily discerned in religious animosity and
rancour, and to this class belonged the "Hearts of Steel," "Peep-
o'-Day Boys," " Defenders," " Orangemen," and " Ribbonmen."
The last, and the " Defenders," were exclusively Catholic — the
other three exclusively of the different Protestant persuasions.
As to the United Irishmen, they were not peculiar to either
sect, but endeavoured to embrace all sects, and to include the
Yiartizans of all classes, and amongst the United Irishmen there
had been found men, led away by the vain desire of republican
institutions— men who, however mistaken, may be admitted,
now that the storm has long since ceased, to have been actuated
hv pure, though erroneous, love for Ireland.
* The evils which created the first class belong not to any of
the objects for which this Board assembles. They, however, de-
serve and require the greatest attention from the legislature aa d
crovernment : they exist in the actual state of society in Ireland
-hi the exactions of the tithe-farmers and tithe-proctors— in the
natural rapacity of land-owners, excited by a limited market, and
:i multitude of Udders.
These evils are aggravated, too, by the laws which enabl,
budlord to dispense with any personal confidence m the tenant
Tiu statute taw has done much to aggravate the eml; foe laws
made by landlords : they lave Droved the yocecdmgs t*5
394 SELECT SPEECHES OF
replevin, and ejvtment, until *he landlord may, with perfect ease,
first s'.rip t/ie tenant, who ha* assumed too high a rent, of all his
pr>jpcrty% and then evict him from the land.
TV, restore the common law in these particulars would much
tend to quiet the country ; but no efficient remedy will ever he
adopted by a distant, and ill-informed and mis-informed legisla-
ture ; and these evils will continue until Ireland shall have a
resident parliament, instructed in the facts, and interested in
the results. Perhaps the period of such a parliament is remote,
but in it are centred all my hopes of permanent tranquillity for
Ireland.
The class of combiuators on the score or under the pretence
of religion is that which should engage our attention at present ;
the** religious animosities are terrible and degrading, but they
bring with them this consolation, that they are easy of remedy.
They exist only at the pleasure of the administration : the go-
venrucnt, when it pleases, can terminate their course, and it
will r i main at the discretion of the ministry to put a period to
religious dissensions, unless, indeed, the Orange fkctitn shall be
so long fostered as to grow too strong for the persons who have
nourished it, and to become too powerful for the legitimate au-
thorities of the state. That period is still distant ; and now by
the expression of a single wish, the government could extinguish
religious factions in Ireland for ever. The Orange system exists
only because it has the countenance of the administration, and
if that system ceased, religious animosities would vanish.
To understand the nature of the associations on the score of
religious differences, it is necessary to recur briefly to their history.
The " Hearts of Steel" and " Peep-o'-Day Boys" were Protes-
»nt associations fur the oppression of the Roman Catholics.
They existed only in the northern province. The " Peep-o'-Day
Boy»w associated principally in the county of Armagh; their
first object was to prevent the Roman Catholics from having
trms. They attacked the houses of Roman Catholics early iu.
the morning — taking name from this circumstance — and deprived
the Catholics of arms. When the arms were quietly sun-en-
deied, the assa^ants usually did no further injury, but any ro-
sistanee provered vengeance ; and resistance was natural, and,
being sometirjeti successful, became frequent ; thence bloodshed,
and the repetition of attacks and outrages.
The Roman Catholics, assailed by the " Peep-o'-Day Boys,"
without the slightest colour of law, and without any original
provvoation on their pans, formed themselves into counter «*•
DANIEL O'OorTJTELL, ESQ., M.P. 395
sociations, under the descriptive name of "Defenders :" and from
the year 1791 to the year 1795, a village warfare, a feud of un-
mitigated barbarity, pervaded a great part of Ulster, between
the two nval and illegal parties— the « Peep-o'-Dav Boys" and
the " Defenders."
In the year 1795 a material alteration took place in one o*
the parties. Several battles had taken place in that year, in
which the "Peep-o'-Day-Boys," though inferior in numbers, were
infinitely superior in discipline and arms, and were consequently
successful. Their views enlarged : the total extirpation of the
Catholics from Armagh, if not from Ulster, became a probable
expectation ; and the name of " Peep-o'-Day-Boys" yielded its
place to the system, regularity, and superior station of "Orange-
men." A regular organization was planned and effectuated by
bigots of a superior rank and order. A feeble imitation of free-
masonry lent something of mysticism, and much of regularity, to
the Orange lodges.
1 had from a militia officer, a friend of mine, the detail of the
initiation of an Orangeman. The gentleman 1 allude to was
allowed, by mistake, to be present in an Orange lodge, in the
county of Wexford, when two Orangemen were made. The oere-
mony contained an analogy to the facts related in the seventh
and eighth chapters of Judges, and the password was, "The sword
of the Lord and of Gideon !"
The Orangemen were the 300 selected by divine inspiration
from the immense multitude — the 32,000 who originally formed
the camp of the Israelites ; and as those 300 were composed, by
the directions of the Most High, of the men who lapped water
out of their hands, without kneeling to drink at the running
stream, so this chosen few of the Orangemen were designated as,
" the men who lap and do not kneel 1" And distinct allusions
were made to a different liquor for Orangemen than water — a
liquor to be famished by the kneeling and superstitious Papists !
The oaths were administered with much solemnity, and the secret
signs communicated : and the newly-initiated were reminded that,
with so small a number, Gideon had brought confusion and de-
etruction on the numerous host of the Midianites ! The Orange
men became thus the chosen of the Lord, and the Papists were
the Midianites doomed to destruction.
1 have, I confess, sometimes been amused at the happy apt>
tude of the hideous allegory. The chosen few, with Gideon,
were successful, not by force or bravery, but because they intro-
duced discord and dissension in the camp of tb**r enemies. The
396 SELECT SPEECHES OF
Midianites turned against each other their own swords, and thus
the Orangemen excite strife and dissension among the Catholics,
and place their best hopes of success in our wretched di/erences
and squabbles I
And there are some Catholics, perhaps, who would co-operate
in the hateful purpose ; but the number is few, and the Orange-
men must be disappointed, because there never was a period in
Irish history when so much congenialty of sentiment prevailed
amongst the Irish Catholics.
The first design of the Orangemen was the extirpation of the
Catholics from Ulster : nor was this design confined to mere
speculation. Out of the county of Armagh alone, more than
seven hundred families were banished by the Orangemen ; —
their properties were destroyed ; their houses levelled or burned ;
the lives of all endangered ; some of them murdered, and the
survivors driven from their farms, and compelled to quit the
province. Had they committed any crime f Had they been
guilty of any offence 1 Yes, they had : they were Roman Ca-
tholics. Nothing more ; but that was sufficient : they were
Roman Catholics.
This is the first grand fact in the history of the Orangemen
In the audacity of falsehood, this fact may be denied, and the
person who asserts it may be treated as a calumniator. But
this is a fact of which there is, fortunately, the most unquestion-
able evidence. There is the testimony of Lord Gosford, the
governor of the county of Armagh — testimony given publicly at
a meeting of the magistrates of that county, convened by him on
the 28th of December, 1795. He there stated, " that this ban-
ditti," as he called them, "had commenced and carried on a per-
secution of atrocious cruelty ; that they spared neither age, nor
sex, nor innocence ; that neither ancient nor modern history
could supply an example of the ruin and misery inflicted by the
Orangemen ; and he added — let this, I pray, be marked well—
" that the only crime of the wretched objects of this ruthless per-
secution was, a profession of the Roman Catholic faith, or an in
timato connexion with a person of that faith !"
Such was the testimony of a Protestant nobleman, resident 01.
the spot, an eye-witness of what he described ; and he, too, a man
of strong anti- Catholic feelings. The evidence of Mr. Grattan,
also, at the same period, may be adduced. In parliament, he
painted the origin of Orangeism — he detailed the first persecution
of the Catholics b^ the Orangemen — " Those insurgents, "said Mr.
Grattan, "call themselves Orangemen, or Protestant Boys — that
DAJSIEL O'CONNELL, ESQ., M.P. 397
is, a banditti of murderers, committing massacre in the name of
God r Such was the language of Mr. Grattan — such was the evi-
dence of Lord Gosford ; and thus is the cardinal fact of the com-
mencement of Orangeism, and its mischievous and murderous
origin, placed beyond a doubt.
From such a beginning the spirit of the Orange institution
may be easily collected. Its history in Ireland is written in
tetters of blood, from its first murders in Armagh to its innocent
and almost praiseworthy manslaughter of the present year in the,
streets of Belfast. '
It is said that the original plan of extermination was soon
abandoned — that it was softened down to perpetual slavery and
degradation ; that Catholics are to be allowed to live, provided
they are quiet and tractable slaves. The rebellion in which the
United Irishmen had engaged drove some men of a milder tone
and temper into the Orange associations, and they are said to
have assumed something less of persecution; but the living prin-
ciple of exclusion and reproach still remains, and cannot but bring
forth fruits of bitterness and oppression.
In 1800, anew organization of the Orange lodges took place,
and, with more regularity, less zeal was exhibited. The system
languished after the Union, and was decaying fast, and strong
hopes were entertained that it would sink into oblivion, when,
m an ill-starred hour, Ireland was handed over to the legal ad-
visers of the secretaries to the Duke of Richmond, and in the
year 1808, Orangeism, patronised and revived again, displayed
its horrid front, to affright and desolate the land. The great
patron of this revival was made a privy councillor — the Orange
processions, insults, tumults, and murders ensued. I need not
remind you of the unpunished massacre of Caharnashegagh;
need not recal to recollection the introduction of this system into
the county of Donegal, where it had been theretofore unknown.
But I am compelled to lead you to that fact, because it is there
that the origin of the Ribbonmen is to be found.
The county of Donegal is one of the most Catholic counties in
Ireland : almost all the peasantry in that county are Catholics.
Like the other two greatest Catholic counties, Gal way and Kerry,
neither disaffection nor disturbance were found there during the
rebellion ; and, as in the latter counties, so in Donegal, the
Orange institution was unknown until the year 1809, when, in
the Richmond administration, it was introduced into that county,
one scarcely knows why, unless as part of a general plan.
Orange processions were established \ the^ people, insulted and
398 SELfcCT SPOTOHES OP
outraged, were easily induced to apprehend greater evils : they
saw 110 reason why, during a profound and long-continued tran-
quillity, their religion should bo vilified and insulted, and their
persons exposed to danger and outrage. They imagined that
the Orange Society was sanctioned by the law, as they saw it re-
main unrestrained and unpunished. They resolved to form a
counter-association, similar in plan and form to the Orange As-
sociation, to be exclusively of Roman Catholics, and to be confined
merely to the purposes of defence against the attacks of the
Orangemen. The Roman CathoUcs of the county of Donegal
did therefore associate under the denomination of Ribbohmen ;
and several anti-Orange or Ribbon Societies were soon formed.
The Ribbonmen, like the Orangemen, were bo'ind together by
oaths of secrecy and co-operation. Like the Orangemen, they
had their secret articles annexed to their oaths ; like the Orange-
men, they were organized in lodges, having a master and a de-
puty-master, a secretary, and three committee men to each
lodge. The Orangemen, have, indeed, five committee men to
each regular lodge — the Ribbonmen were content with three.
As the Orange violences in the counties neighbouring to Donegal
became more frequent, the Ribbon Societies extended. About
two years ago they formed a regular Grand Lodge, still imitating
the Orangemen, which was composed of nine grand officers, and
held its sittings in Derry. From this Grand Lodge, there were,
I am told, more than ninety lodges affiliated ; and it is said
that in the space of six months upwards of twenty thousand men
between the ages of eighteen and forty, had been sworn in as
members of this association ! Such was, as I am informed,
the state of the Ribbon Society in the month of June, and it
WHS then rapidly extending itselfinto the more southern countiei
of Ulster.
I have great pleasure in adding, that the address published by
the Catholic Board, in June last, had the most powerful effect
in putting a stop to the meeting, and, I am assured, it induced
the Grand Lodge of the Ribboumen to resign its functions.
Those who were before the most active partizans of the system
have since exerted themselves with energy and success to suppresr
its lodges. The system has been broken up, and unless the re-
novated activity of Oraugeism shall give it new life (of which
there is much reason to be apprehensive), the Ribbon Society
will shortly be at an end for ever.
I have not stated the oaths by which this society was bound
Those oaths were, 1 understand, three times uttor^J At fi-st
DAJHRL O'OONNELL, ESQ., M.P. 39'J
the Ribbpnmen's oath commenced with a direct, positive, and
unconditional oath of allegiance. They also swore to assist in
the defence of the Catholic clergy and laity against the attacks
of Orangemen, and an oath of secrecy as to what was to be pri-
vately communicated to them was added. This oath was soon
altered ; and in its place was substituted an oath resembling
almost exactly the Orange oath. It began with an oath of alle^
giance to the king, his heirs and successors, so long as he and
they should protect the Catholic clergy and laity of Ireland from
the illegal violence of schismatics, heretics, and Orangemen ; and
it then continued and concluded as the former oath. The third
oath and that latterly adopted, was diflcrent from the former in
nothing else, as I am informed, than in omitting altogether the
part that related to allegiance to the king.
Such, according to my information, is the short histoiy of the
Society of Ribbonmeu. This society owed its origin to the
Orangemen. Its decay was the work of the Board. But the
Orangemen are again on the alert. The resemblance in colour
and name, for in nothing else are they like to the patriots in Hol-
land, has filled the Irish bigots with fresh hopes and renovated
fury. In the north, they indulge in excesses almost as ridiculous
as they are* illegal. A festival of three days, an Orange boven
of half a week, lias been lately celebrated in Deny. Under the
ludicrous pretence that it was necessary to bless, with the Orange
flag, the first stone of a new court-house, a three-days' festival
was celebrated, sufficient to remind the poor Catholics of Deny
of the Spartan solemnities, during which it was permitted to in-
flict e\ ;?ry cruelty on the wretched helots.
The consequences of this most absurd carnival, at which baro-
nets and bishops, sheriffs and clergymen, magistrates and mobs
joined in revelry, may be a revival of the Ribbon lodges. At-
tempts have been made, I am told, to revive them, even before
this festival ; and unless a strong impression be now made of the
illegality and impolicy of those lodges, there is reason to appre-
hend that they will once more multiply.
The people will readily listen, however, to us, as they have
done before. They know we are actuated by no motive but the
pure and disinterested desire to obtain for them relief, in the
only way that relief can or ought to be obtained — according to
the constitution. We who are honoured with popular con-
fidence, only because we have deserved it — we will easily per-
suade the people to avoid violating the law, or exposing them-
selves, as they must do, if they continue in 'hose associations,
400 SELECT SPEECHES OF
*o the treachery of their pretended friends, and to the persecu-
tions of their open enemies. We will point out to the people
that these illegal societies expose them to certain punishment ;
that no useful result can possibly arise from them ; that the
individuals who belong to them will be prosecuted, and the
Catholic body disgraced by their continuance, whilst the very
existence of those societies will serve as a pretext and excuse for
the Orangemen to continue their outrages. It will gratify their
appetite for vengeance, and disappoint the hopes and wishes of
the individuals of this Board, who are looking for Emancipation
through the legitimate channels of the constitution. In short,
the Orangemen will be gratified and delighted by the continu-
ance of those associations ; whilst the real friends of Ireland,
who, amidst danger and calumny, have continued to advocate
the Catholic cause, must retire in disgust and despair, if the
people will not abandon all illegal societies.
That the Ribbon Society is illegal is easily proved by a refer-
ence to the statute book. The statute of the 50th of the King,
chapter 102, includes almost every possible case of an associa-
tion bound together by any solenm oath or engagement. The
oath is illegal, if the person taking it be bound to any associa-
tion, brotherhood, committee, society, or confederacy whatsoever,
formed, or to be formed, for any seditious purpose, or to disturb
the peace, or to injure persons or property, or to obey any com-
mander, officer, or leader, or to obey any committee, or the or-
ders, rules, or commands of any committee, or other body of
men, or to assemble at the desire or command of any such per-
son or persons, or not to give evidence against any brother asso-
ciate, or for various other purposes mentioned in the statute.
Now, it is very clear that an organised association such as the
Ribbonmen, must be bound, by import of its engagement, to as-
semble at the command of some superior, and to obey some rules
or orders. The Ribbonmen are, therefore, liable to punishment
qnder this statute. The Orangemen by the sixth rule in their
secret articles, are bound to assemble at any time when sum-
moned by the master, getting ten hours' notice, or, if possible,
at any other time. They are also bound to obey all the rules
contained in the ten secret articles. It is, therefore, equally clear
that the Orangemen are within the statute of the 50th of the
King. And upon an indictment, properly framed under that
statute, if the evidence of the facts that really exist could be
given, there is no doubt that for every Ribbonman and Orange-
man sworn since the year 1810, the person who administered tho
DANIEL OCONNELL, ESQ., M.P. 401
oath could be transported for life, and the Orangeman or Ribbon-
man who took it could be transported for seven years.
I am aware that the Orangemen run no great risk of being pro-
secuted. But the impunity of the Orangeman affords no great
protection to the unfortunate Ribbonmau. The Ribbonman will
be only the more certainly prosecuted because of the indulgence
held out to the Orangemen. Would to God I could see an ad-
ministration in Ireland that would equally and impartially hold
out protection and punishment, according to law and not other-
wise, to both parties.
I am very ready to believe ; nay, it is the conviction of my
soul, and I loudly proclaim it, that if Lord Whitworth was ap-
prised of the real state of those facts, he would fulfil the pledge
he has so distinctly given — of an equal and impartial adminis-
tration of justice. But Lord \Vhit\7orth is surrounded by men
who are deeply interested in deceiving him. The facts are con-
cealed from him. The truth is disguised. The Catholics are
represented as desiring the overthrow of the constitution — the
Orangemen as its supporters. But the truth is, that the Catho-
lics most anxiously wish to see the constitution placed beyond
the possibility of danger ; they are, to a man ready to die for
the integrity of the empire and of the constitution. The Orange-
men, on the other hand, seek to control the legislature, and to
oppress their fellow-subjects, and perpetuate their slavery; they
would continue Irishmen as slaves, in the name of a constitution
that gave us freedom as a birthright.
To return to the illegality of these associations. The Ribbon-
men are liable to be indicted under another statute, by the 15th
and IGth of the King, chap. 21, it is declared to be a high mis-
demeanour, punishable by fine, by imprisonment, by whipping,
for any persons to assemble, by day or night, with any unusual
badge, or to assume any particular name or denomination. The
Ribbonraen are liable to punishment under this statute ; they
assemble with a badge — a green ribbon ; they assume the deno-
mination of Ribbonmen. For either offence they may be in-
dicted and punished. It is true that the Orangemen come ex-
pressly within the provisions of the same statute — they assemble
with badges of orange — they assume a particular denomination
— Orangemen. Under this statute they may and ought to be
iudictocl ; nay, I can answer for it they will be indicted, if the
Catholics enable us, as I am sure they will enable us, to put to-
gether the funds necessary for carrying on those prosecutions.
J*ut oven the impunity of the Orangemen affords no prospect of
4«JU ftfcLKCT SFEEOntb Ot'
uafety for the Jlibbonr&eii. The Ribbonmen of the North, like the
Whiteboys of the South, will experience the rigour of the statute,
although the Orangemen maybe allowed to escape without pun-
ishment, notwithstanding the plain violation of the Liw !
The duty of tho Board, under those circumstances, is to expose
to the Catholics oi' Ulster the criminality and the folly of engag-
ing in any secret association, it may be suggested that the
people are driven, in their own defence and by persecution, into
those combinations. The answer is ready — the people need not
be driven to any such extremity, because for the outrages of the
Orangemen legal redress may be obtained ; and if the indivi-
duals attacked be too poor to procure that redress for themselves,
the Board will readily enable them to bring their cases before
the public and the courts of justice. We will enable them to
seek for and obtain all the redress that the law can give in such
case ; but no man shall partake of our assistance who will con-
tinue any longer a member of any illegal confederacy whatsoever.
Let what will become of the Ribbonmen, fr»m us they can
never expect countenance or support. But the poor Catholich
who have the good sense to avoid any such association shall be
certain of meeting pecuniary and professional assistance. We
\vill not go to war with the Orangemen, however able and willing
wo may be to do so ; but we will go to law with them, and ex-
pose their absurd pretensions and atrocious cruelties to contempt
and punishment.
By adopting my motion for another address to the people,
you will have an opportunity of again cautioning them against
being the dupes of their own passions, or of the artifices of their
cmeinies. You will call upon them to confide in the laws, and
you will enahie them to secure all the protection that law can
give.
Mr. O'Connell concluded by moving — That a committee should
bo appointed to prepare an address to the people cautioning
thorn against illegal associations.
Motion agreed to and the meeting adjourned.
-'ADDRESS TO THE PEOPLE.
•'FELLOW COUNTRYMEN AND FELLOW SUFFERERS ! — The Genera*
Board of the Catholics of Ireland, to whom you have confided
your petitions to the legislature, once more address you.
DANIEL O'CONNELL, ESG.., M.P. 403
claim the continuance of your confidence only because they feei
that they deserve it by the zeal and purity of their intentions
and exertions in the cause of your religion and your country.
" Fellow- Country men, the object of your petitions is sanc-
tioned by justice; it is enforced by wisdom; it must be attained,
unless the artifices of your enemies shall triumph over justice
und wisdom ! We say their artifices, because their arguments
Iiave failed, and their calumnies are forgotten or despised.
" Amongst their artifices we dread but one — it is that whicfc
has been tried with success on former occasions — it is one to
which you are exposed by your situation, your sufferings, and
your feelings. Your enemies wish to betray you into illegal asso-
ciations and combinations ! They wish to bring upon you pun-
ishment, aggravated by its being merited ; and they still more
earnestly desire to ruin your cause and that of Ireland !
•'Their emissaries, become more cautious from former detec-
tion, are likely to assume deeper disguise. It is our duty to
expose to you the evils which must ensue to yourselves and the
Catholic cause if you enter into any illegal or secret combination.
" Repeated acts of parliament have pronounced associations
And combinations, for almost any imaginable purpose, to be ille-
gal. A recent statute, called the 50th of Geo. III. chap. 102,
besides more associations which are plainly criminal, as for sedi-
tious purposes, or to disturb the public peace, has declared
every association, brotherhood, committee, or society whatsoever
to be unlawful, if formed to injure any person, or the propert\
of any person — or to compel any person to do, or omit, or refuel
to do, any act whatsoever. That statute has also declared any oa#
or engagement to be illegal, which imports to bind any person tt
obey the rules, or orders, or commands of any committee or bod}
of men not lawfully constituted ; or of any captain, leader, or
commander not appointed by the king ; or binding any person?
to assemble at the command of any such captain, leader, com
umnder, or committee, or of any person not having lawful autho
rity ; or binding any person not to inform nor give evidence ; or
not to reveal nor discover having taken any illegal oath, or hav-
ing done any illegal act, or to conceal any illegal oath hereafter
to be taken.
" For inducing or procuring, by any means, the taking of any
such oath or engagement, the punishment is transportation ftr
Ufe. He who takes any such oath is liable to transportation foi
seven years ; and it will not be received as an excuse that the
kus been compelled, by force or menace, to take such oath.
404 SELECT SPEECHES OP
unless he make full discovery to a magistrate within seven
days.
" By another act of parliament, called the 15th and 1 Gth of the
King, chap. 21, it is made a high misdemeanour, punishable by
pillory or whipping, to wear any particular badge or dress, or to
assume any particular name or denomination of party.
" Recollect, too, we entreat of you, that not only is it unlawful
and punishable to assume the name, or wear the colours or badgo
of such an association, or to take or induce any person to enter
into engagement or oath to belong thereto ; but that almost
every act, in pursuance of such oath or engagement, is made by
various acts felony of death. Even to assault a dwelling house
(strangely as the phrase may sound), is a capital felony in Ire-
land. And to raise the arm, even without a blow, is an assault
in law.
" So that he who, in pursuance of the plans of any such asso-
ciation, raises his unarmed hand against a dwelling house, may,
for that offence, be capitally convicted and suffer death 1
" We select this instance to show you the extent to which
capital punishments are applicable by law to the consequences
of illegal associations.
" Transportation for seven years is the doom of him who en-
ters into any illegal association.
" Transportation for life is visited upon him who induces an-
other to enter into an illegal association.
" And finally — death is the punishment of him who does any
one act in pursuance of the designs of an illegal association.
"Such, fellow-countrymen, are the punishments which the
law denounces against illegal associations — whether they be
called White Boys or Right Boys, Thrashers or Carders, Ribbon-
men or Orangemen, they all are liable to puniskment, and all de-
serve condemnation.
" It is quite true that some delinquents may escai»o ; but do
not flatter yourselves that you can be of the fortunate number.
If you transgress the law, you will meet, as you will deserve, all
the zeal and activity of prosecution.
" Reflect upon these serious subjects for your consideration.
If you offend against the laws, what favour can you hope ror ?
what favour have you any grounds for expecting ?
" Reflect, also, upon the inutility of these associations. What
utility — what advantage of any description has ever beeo de-
lved from them 1 None — none whatsoever ! No redress hub
ver been obtained by their means. They have been quite
DANIEL O'CONNELL, ESQ., M.P. 4U6
less ! Nay, worse, they have always produced crimes ! — robbery,
outrage, murder ! ! !
" And they have uniformly been followed by numerous execu-
tions, in which the innocent have been often taken for and con-
founded* with the guilty !
" Do you require any other arguments to induce you to refrain
from these associations ? Perhaps you are careless of your own
lives ? You cannot be insensible to the blood of the innocent !
" There is. however, another inducement to refrain : your ene-
mies— the men who would deny you the poor privilege of wor-
shipping your God as your forefathers have worshipped — thes«
men, all these men, anxiously desire that you should form cri<
minal combinations and confederations ; they want but a pre<
text for framing laws still stronger and more sanguinary ; they
want but a pretext to lay the heavy hand of power upon your
country and your religion !
" Your enemies seek to seduce or to drive you into illegal as-
sociations. Your friends, the Catholic Board, ardently desire to
prevent your forming any such association. They conjure you.
if you confide in them, to hearken to advice which can be dic-
tated only by their affectionate attachment to you. They con-
jure you to respect the laws — to live in peace — to offer no
outrage nor injury to any man — to seek legal redress alone for
every injury and outrage inflicted on you.
" That redress is and shall be, within your reach.
" They beseech you to look for relief from your grievances
only through the lawful channel of petitioning parliament.
"And they confidently promise you, that the wisdom of par-
liament will speedily extend that relief, if you continue, by
peaceable and dutiful conduct, to deserve it ; to gratify your
friends, and disappoint your enemies.
" So will you aflbrd us the happiness of seeing your religion
rescued from the calumnies and inflictions of centuries of perse-
cution, and your countrymen of all classes and persuasions re-
conciled, coherent, and finally froo 1"
406 « SELECT SPEECHES OP
CATHOLIC BOARD.
Saturday, January 8
SHAKESPEARE GALLERY, EXCHEQUER-STREET,
MB. SHERLOCK in the Chair.
Secretary read proceedings of former meeting.
Mr. O'Connell, from the committee appointed to prepare an adores* "to the northert
Catholics concerning illegal tocietttt, stated the address waa not i-eady, and, on uiotion, got
luivc to sit again till the next Saturday.
Mr. Lawless asked the secretary if the resolution for printing Mr. Lidwell's speech !iaJ
seen acted on.
Secretary replied it had not
Mr. Lawless having said he would more for the printing.
Mr. Mahon saw no necessity for the motion.
Mr. O'Connell suggested to Mr. Lawless the appointment of a committee to hart the
•peech printed. It was the best speech he had ever heard, and a copy ought to be In th«
feuids of ever}* member of parliament before the end of the long adjournment. 4
Suggestion adopted, and a committee of five named.
Lord Donoughmore and Mr. Qrattan's letters having, on Mr. O'Conneh's motion, beec
r«a<l.—
MR. O'CONNELL said, he trusted those letters had made, and
would continue to make, a deep impression on the minds of the
Catholics of Ireland.
He should judge of the moral fitness of the Catholic population
of the land for freedom, by the sensation those letters had created
and should continue to create. Deep, but not loud, should be
the feelings of men deserving liberty. It belonged to the spirit
of philosophic inquiry to trace out the causes of which the tem-
per and tone of those letters were the natural results : but it
belonged to the dignity of philosophic patriotism to bear with
this temper and tone in patient, and, he may add, unrelenting
calmness.
For my part (said he) I may, perhaps with the greatest justice,
be denied the praise of either philosophy or patriotism ; but in
treating of the subject of those letters, and especially of that of
the Earl ot Donoughmore, I have another guide ; it consists in
perfect respect for the purity of his intentions, and great grati-
tede for his manly, uncompromising, unconditional, unqualiued
Jlvocacy of emancipation. He did not talk of entering into any
traffic between a portion of the liberty of the constitution and a
fragment of the discipline of our Church. He did not insult his
eij«Javed countrymen by supposing or admitting, that though
we were quiet whilst we were kept in thraldom, we should beer-roe
riotous, and ought to be put upon " wr tecurities" the moment
DAN[EL O'CONNKLi,, ESQ., M.P 407
wo \vere liberated. No, Sir ; the advocacy of Lord Donough-
more was precisely that which the great people whose cause he
was to support, wished and wanted. It took right and justico
for its lofty ground, and scorned traffic, and barter, and compro-
mise.
I repeat, therefore, that Lord Donoughmore so entirely com-
mands my respect and gratitude, that I am in no danger of sug-
gesting any course respecting his letter inconsistent with thoso
feelings.
As to the other letter — that of Mr. G rattan— it is not my
intention to introduce, with respect to it, any proceedings for
the present ; and I am the more inclined to refrain, lest what I
have said of Lord Donoughmore should suggest any unpleasant
contrast. If such contrast arises, let me not be accused for it —
I make no comparisons ; and if, in the nature of the facts, any
contrast arise, let the blame be flung on the facts, and not on
me. who am bound by every argument supplied by my judgment,
and by every affection of my soul, to prefer — greatly to prefer,
and to praise, indeed to praise exclusively, the unconditional,
unqualified, uncompromising advocacy of our rights.
Such has been the support given to the Irish people by the
Earl of Donoughmore, and for that he deserves and possesses our
warmest hearts.
With these sentiments towards our advocates we are not to
forget ourselves. Indeed, those letters not only make it impos-
sible to forget, but they open a new view of the state of the
Catholics of Ireland ; they have led me to a discovery of some
magnitude — they have shown me distinctly the cause of many
appearances that I reckoned most monstrous and unnatural ; they
I ava reconciled me to Duigenan, to Musgrave, and to Giffard ;
they have disclosed to me the source and secret of their abuse.
Vulgar it is, and coarse ; but then vulgarity and coarseness are
scarcely the fault of the individuals ; it is to be attributed to their
education, and habits, and tempers. Had they the education and
temper of gentlemen they would treat us differently ; we should
have a better style and more courtly condescension in their re-
proach, and even in the calumny of their advice ; but the prin-
ciple would not be different from that which they act on at pre-
sent.
It is a principle discoverable and discovered by me, for the
first time, in those letters. It consists simply in the natural and
moral superiority which the law imposes upon the Protestant over
the Irish Catholic. It is to be found in the natural and moral iu-
*OS SELECT SPEEOnES OP
Priority to the Protestant, which the law inflicts on the Irish
Catholic. A century of persecution commenced by the grossest
violation of the faith of treaties that ever disgraced the page of
history, authentic or fictitious. A century of legal degradation
has so lessened and brought down the Irish Catholics in the eyes
of their Protestant neighbours, that we are in the scale of humanity
but dwarfs compared with those social giants.
I was long aware that such was the estimate of us in which
our enemies indulged ; but this correspondence was necessary in
order to convince me that the same prejudice lurked in the minds
of our friends. I flattered myself that wa had risen in their esti-
mation ; I did imagine we had ceased to be whitewashed negroes,
and had thrown off for them all traces of the colour of servitude ;
but this correspondence has, 1 confess, done away the delusion.
Perhaps they are themselves unconscious of this claimed su-
periority— indeed I believe that they perceive it not — being a
matter of habit, and having arisen before reflection, and unaided
by reasoning, it may well happen, and I believe it does happen,
that our friends nre themselves unaware of the judgment of in-
feriority which has been tacitly passed upon us ; and that when
they announce, as those letters announce, a plain superiority —
n superiority not as of any assumption but as of clear right, our
friends are themselves ignorant of the assertion of any such su-
periority. In short, my conviction now is, that the inferiority
of the Irish Catholic resembles a species of innate idea in the
minds of our Protestant friends, which remains there unaccom-
panied by any distinct consciousness of its existence.
Do the Catholics real lyjieserve this opinion of inferiority? 1
think not — I think both their enemies and their friends will soon
•Acknowledge their just claims to equality, if the Catholics con-
tinue to look to themselves and to their own exertions, for their
*irst and best claim of success.
Conceding this superiority for the present, and cautiously
avoiding to hurt its national pride, or to provoke any other ex-
hibition of its inherent dignity, there is yet one passage in the
letter of the Earl of Donoughmore which requires a reply from
the Board, and one passage only. It is that which relates to
representation —it is that in which the noble lord seems to
charge upon us having assumed or exercised a representative ca-
pacity. 1 feel at once that this charge could have originated
simply and singly in the mistake or misapprehension of the noble
lord. It cannot have any other source whatsoever than from
DANIEL O'CONXELL, ESQ., M.P. 4()9
misrepresentation of the mode of our association, or of our
conduct when associated.
But, admitting and proclaiming the purity of the motive of
making this charge ; it is, however, even upon that account, the
more imperative upon us to set his lordship right upon the sub-
ject. We owe it to him to afford him accurate information on
this interesting subject. We owe it to ourselves to prevent the
possibility of the continuance of mistake or misapprehension 01
this important subject.
I am confident I need use no other argument to induce the
Board to adopt my motion for giving the noble lord precise
nformation with respect to our association, than the manifest
propriety of giving our advocate a true view of our situation.
We have too much respect for him to allow him to remain in
3ITO1.
But there is another and a pressing motive for disclaiming
the imputed representation. It is to be found in the construc-
tion put on the convention act by our adversaries. The}- have
procured, by their arguments, the decision that " pretence" and
" purpose" are synonymous, and that any persons who meet, no
matter under what " pretence" — no matter for what " purpose"
— commit a crime if they really be, or assume to be, representa-
tives. This decision establishes that the crime prohibited by
the statute, consists in " representation," but in " representa-
tion" alone. The pretence or purpose is immaterial. The only
thing, said the Attorney- General, and say the judges of the
King's Bench, to be inquired into is, representative or not.
This decision suited the purposes of the prosecutor at the time
it was pronounced, but it has now become inconvenient to him,
and is certainly at this mon-ent the protection of the B^ard from
his attacks. Our construction of the statute would have limited
the Catholic committee to the exclusive consideration of a peti-
tion. The only purpose should, according to our construction,
have been petition, leaving us, perhaps, the empty honour of
claiming an useless and almost ridiculous title to a representa-
tive capacity ; and then, upon our own showing, and with jiir
own assent, the Attorney- General would have a right to put
down the committee the moment it departed from the strict line
of mere patitioners.
But our construction was overruled ; the Attorney-General
was too wise to adopt it, though it was manifestly the most con-
venient, as well as the most constitutional view of the subiect.
2 D
110 SELECT SPEECHES OF
He did not foresee that we would divest the select meeting of
the Catholics of all representative capacity, and that getting rid
of representation, we should, upon the Attorney- General's own
showing, and upon the authority of the Court of King's Bench,
be entitled to discuss other subjects with as full and strong a
right as that of petition.
The result of the prosecution of Doctor Sheridan and. Mr.
Kirwan, has, therefore, been highly beneficial to us. It has
been infinitely more useful to the Catholic body than if we had
succeeded in obtaining a j udgment of the court. Then our com-
mittee must have been confined within the narrowest limits of
preparing and foi~warding petitions, but now we run no risk o*
any indictment on the Convention Act. whatever extent our de-
liberatioub may have.
There is, however, one precaution — it is simply this, that we
ire not to be, nor pretend to be, representatives.
Allow me here to protest against being understood to say that,
as a lawyer, I conceive the construction put on the statute by
the Court of King's Bench right. No ; I certainly think the
court was mistaken ; and I hope the first possible opportunity
of bringing that construction in review before a superior tribunal
will be taken ; but, until it is reviewed, until it is altered, it is
cur duty to submit to it, and to acquiesce in it. I do, there-
lore, cheerfully submit to the decision, although not convinced
of its accuracy : as the court has no claim to infallibility, it is
liable to error.
But, submitting to its present opinion, it became necessary to
Avoid not only the reality, but all appearance of representation.
We are not constituted upon any scheme of representation. We
never claimed any representative capacity ; on the contrary,
we always disclaimed it ; and having it now charged upon MS
oy the Earl of Donoughmore, we are bound again to disclaim
it, because our silence, under such a charge, might be construed
into an admission of its justice. Yes, upon legal principle^
ilence would now be an admission of this legal crime ; and it ib
.carcely necessary to remind the meeting that the same law offi-
cer who plunged the Richmond administration into a warfare of
litigation — nor a very wise one, I imagine, with the Catholic
people — has every motive of resentment, of passion, of prejudice,
and even of interest to induce him, if he can, to involve the pre-
sent administration in a similar silly contest.
The historian of human nature has admirably described hii
state physician OP presenting similar remedies tor all diseases
DANIEL O'CONNELL, ESQ., M.P. 411i
FTe prescribed bleeding and warm water for all his patients,
with uniform success. They all died. The Sangrado of the
law is as uniform in his prescription : it is simply a state pro-
secution, as a remedy for all evils. Prosecute, prosecute, is evei
on his lips.
He has not, indeed, been uniformly successful ; nor has the
learned and grave doctor effected any great political cures. But
he is as sanguine as ever in his opinion of the efficacy of his
prescriptions ; and if this letter of Lord Donoughmore remain
unanswered, it will aftord the Attorney- General a fair pretext for
what he delights in — a new prosecution.
He will be able to read, as part of his speech, two paragraphs
from the letter ; and we should have the mortification of finding
the language of our friend and advocate rendered useful to the
*most bitter and unrelenting of our enemies — the only one of
our enemies, indeed, who actively, and zealously, and from his
heart opposes us — the single individual whose passions and
whose conscience — such is the force of early and hereditary pre-
judice— drive him to seek for any prosecutions that may impede
our progress. It would be melancholy — it would be deplorable,
that such a man should be furnished with arguments against us
by the Earl of Donoughmore! The authority of that noble
lord ought to have great weight with any jury ; and it is pos-
sible— recollect that I only say it is possible— that the Attorney-
General may find in the "city of Dublin a jury sufficiently dis-
posed to convict us oil the authority of Lord Donoughmore.
I speak with great reverence of Dublin juries. It is boasted
that they do their duty gratuitously ; but duty is done as well
and as zealously for love as for money ; and we ought to avoid
t'ivmo- them gratuitous trouble. For the ease of these juries,
and for our own protection, let us respectfully, but distinctly,
disclaim the imputation of representation which the noble lord
has, by mistake, cast upon us.
I conclude by again referring this correspondence to the seri-
ous consideration of the people of Ireland. Let them weigh it
well If it meet disapprobation amongst us, it has had more than
enough of praise from our enemies. There is not a public writer
enlisted against the Catholics, that has not been decided in his
approbation of it. It is certainly our duty to reply to this para-
graph There our epistolary intercourse will end, for our sug-
gestions ought to be so framed as not to require any reply.
' Would to God that I could revive in the mind of Mr. Grattan
Us former feelings for the Catholics of Ireland 1-that I could
3KLEOT SPEECHES OV
rouse him to that energy with which he formerly advocated our
cause.
What securities did he ever speak of in tfie Irish Parliament ?
What apprehension was about him for the Established Church,
in the year 1793, when he obtained so much for us? Where
were his alarms tJien ? and yet that, if ever, was the period in
which the Established Church might have been in danger. What
is there in the English air to alter the mental vision, so that it
shall behold gorgons, and hydras, and chimeras dire, where before
it saw nothing but the pleasant prospect of amity, strength, and
social security ?
Would I could conjure up the ghosts of the illustrious dead
who so often aided him in his battle for iii? tiien own Ireland ;
and amid the group I would call up the phantom of departed Ire-
land herself to remind him of what he was, and what he ought to 4
be, unsophisticated by the delusions of English politics.
In the sacred names of the mighty dead, I would conjure him,
to return to the grand and simple principle of the right to perfect
liberty of conscience ! Whether he succeed or fail in that pursuit
iiis ancient glories will brighten in the rays of these his later
Jiouours ; and he will singly sustain, in degenerate days, the con-
:• latency, as well as the splendour of the first models of Grecian and
tioman virtue !
An incident occurred jiu>t after the termination of this speech that, trifling in iuclf
would yet supply tht key, were such wanting, to the policy that has pervaded and marital
the public life of the subject of this work.
One of the members of the Board present, Mr. B. Coyle, drew Mr. O'Connell's attention
to a person who wan taking note* of the proceedings, at a place different from the usual
:<eaU of the reporters; being below the kind of " bar" formed by a railing at the end of
the room. This person Mr Coyle said he believed to belong to the police-office.
The individual thus made the object of general attention, admitted that he was en-
ployed by the police authorities, and said " that he acted solely by the command of bis
•uperiiini. and sincerely honed he should not be held to have thereby forfeited the regard
>f others."
"Mr. O'Connell," continues the report, "said that was all perfectly fair, and that he ex
?ccteu by the next meeting to have a desk or table, at which two or three, or as many
more us the police should think tit, might be accommodated comfortably."
Thirty or forty time* at least, dining the course of his agitation, similar occasions have
.iriscn for similar steps ii|K>n his part— greatly to the diaappoiatn.ent and dincomJiture of
r.hu authorities, he showed such readiness to oblige.
It would have been the motd agreeable news at the Castle, during aiir period of that long
Bourse of agitation, to hrve word brought tn.vt Mr. O'Conneil had caused to be turned out
.- r obstructed, or even shown a disinclination to the atteucince of the police reporters, at
-ny of his thousand-foil! meeting*.
When in a few years ufter the period at which our sketch has arrived, the CatholU
AMOclation arose, and ulmost from its birth began to give symptoms of how far it woui<»
ra.iMU» all former popular gatherings ir. iu giant matiui /, two reporters, and of a da*,
"a* MJienvr to Uw -olio* acws ckrri«-i* who bad hiU»«rto b«en uyvJly «>,tloy«d iu tht
DANIEL 0?CONNELL, ESQ., M.P. 4] 3
dutkvj of watching and communicating all proceedings of the Catholics at their meetings
were delegated to attend. Both acknowledged subsequently that they had come to Ireland
(they were English by birth) with the most rueful and despondent feelings, fully impressed
with the conviction that they were doomed men, in being selected not only to go to -that
turbulent and throat-cutting country, Ireland, but to attend the consultations of the terri-
ble confederacy acting under the orders of the arch-rebel, O'Connell !
Being fair-minded and well-disposed men, they very soon learned to laugh at their fan-
cied terrors, and freely acknowledged the highly favourable impressions they received from
the general tone of the proceedings at the Association. One of them indeed became quite
Qery in his partizanship in favour of Mr. O'Connell and his Association.
Mr. O'Connell was ever careful, as his words already quoted indicate, to provide the fullest
and the amplest accommodation to parties thus sent; and their generally inoffensive, an*
hl^hl/ creditable conduct made him the more anxious to convenience and oblige them.
There have been but two or three instances in which his attention has been at all badly
repaid ; ami these are scarcely of moment sufficient to be mentioned at all.
CATHOLIC "SECURITIES."
THE year 1814, with which we have now to occupy ourselves, was one of a very eventful
nature. The " f eto" or " securities" discussion was hottest in that year, and the opposi
tion to it the most earnest, and in its results the most effective.
Some vantage ground had been given to the advocates of the " veto" by the general pro.
icralgation of the fact that, in 1799, a portion — but a very small one, being not one-third —
of the Irish Catholic hierarchy, had, under the extreme pressure of the sad and difficult
dreams .*i. ces of that time of terror, and with great limitations and reservations, in sonw
degree entertained the proposition of "Mcttrttfei."
Making the most, however, of the concessions which they were at all inclined to consider
they amounted to no more than an expression of readiness to allow of some species of
guarantee being held out against the possible appointment to high ecclesiastical office in
Ireland of persons who might be known to be inimical to the connexion between Great
Britain and Ireland.
This was the entire effect and purport of the document which was said, and with truth,
to have been drawn up in 17U9.
This document (according to the account afterwards given of it by the celebrated Dr
Milner the distinguished and most learned vicar apostolic of the Midland District h,
England, and for several years the agent of the Irish Catholic bishops) was signed by the
«maP. proportion mentioned of the Irish hierarchy, while under a delusion as to the fair
.mentions of the government but was soon after attempted to be suppressed by themselves,
U far as possible, when they began to see through their delusion.
Such a document, however, was far too precious to the enemies of the Catholics, and of
iheir religious independence, not to be preserved ; and indeed undue pains were taken to
^reserve it by the parties to whom it would have appeared strange to apply thaf
esignation The English Catholics procured copies of it to be printed and privately circa-
ated ; and when in 1808. the question of veto was first distinctly taken up by the Govern
rant some of these copies were found in the ministers' hands.
Catholics on this side of the water were also found to involve themselves in this terrioli
tntstake. The honoured name of Lord Fingal was unfortunately to be reckoned amongst
them ; and the part he took was sufficiently active. It procured for him the distinction,
•uoh as It was, of a special letter from Lc'-d Grenville, explaining t,uc views of the British
Wr:t in j rorM«,lng the ' *KcuniTrEs."
414
SELECT SPEECHES OF
"Ministers," said the letter, "must have an effectual control over the appointment of
vJatholic priests, for the security of the religions establishment* of this country."
That was to say, that in order to preserve the temporalities of the Protestant Church hi
England (and of cour.se in Ireland,) it was necessary that Catholic priests should if poo>i-
iile, be made the creatures and tools of the government
A strange inducement and recommendation to Catholics of the proposed measures !
Dr. Milner was summoned to an interview with Mr. Ponsonby, on Saturday, 21st of If Ay.
1808 ; v/hen being introduced by Lord FtngaL, he wau questioned as to what likelihood th=src
was of inducing "his constituents," the Irish bishops, to favour the " vety," or some equivsv-
Icnt security.
Ills reply (as stated by himself in a letter of February 18th, 1811, to the Freeman t
Journal, answering and commenting on some statements with regard to his conduct in the
matter, made in an article in the thirty -third number of the EcUnturgh Review, was to th;
ffKowing effect:—
"That be had no itntmctiottt from the Irish prelates relative to their admitting of a regn'
interference in the appointment of their future colleagues; and that, therefore, be covlit
-jive no pledge whatever on Uttir behalf: that he well knew they could not admit of am?
potitive interference in this business on the part of the uncatholit yovcrnmau ;— nevertheless,
that he himseff was persuaded there was a disposition io them to admit of such a limited
ccgntive Interference as might give the proposed additional pledge with respect to the loy.
Alty of episcopal candidates. Finally, that in consequence of his undecisive answer, he WA*
directed by the right honourable gentleman to write to Ireland for instructions, which he
•Ud, in letters to five different prelates."
The answers which he received co these communications were, nowever, of such a nature,
J.i the majority of instances, as to nuke evident to him bis mistake; and be accordingly
took immedtete steps to make it known equally to all whom it concerned.
The rest of tbe discutuion, so flu* as oar sketch 1ms to do with It, will be noticed bs tr«
On tbe 3rd of February, the p<er»tc*tion of Magee recommenced in tne Queen a Bencr-
with the indictment against him for tbe Kilkenny resolutions of August last
It is quite enough to say that tbe Attorney-General bad, in this case as in all others he
pleased, bis own pet picked jurymen in the box ; and tbe (act of tbe traverser having been
found guilty follows as an inference of course.
The sentence was, a fine of £1000, with imprisonment for six months from expiration ol
Kin former sentence. Subsequent securities for the peace to be giveu, in jClQOO for himself,
and two sureties of £500 eacb
However desirous to avoid, henceforward, delays of any length upon particular years, we
cannot omit a speech of Mr. O'ConnelTs, towards tbe end of Much, at a Catholic meeting in
tho county Clare, on the noted subject of tbe " securities, " as mixed up with tbe differences
between. the Catholic Board and Lord Donoughmore and Mr. lirattan.
Mr. Woulfc, tbe late Chief Baron, a man of singular intellect and ability, made a splendid
oratorical effort on this occasion, to induce the Catholics to falter and hesitate in their
hitherto decided course of open opposition to tne fraudulent and ruinous schemes cf tbe
government, relative to Catholic matters. His talents enabled him to make a powerful
.iiipression upon the meeting, and it was necessary for Mr. O'Connell to leave no atone
unturned to removs that impression.
for this purpose he made use, in tbe beginning of his speech, of tbe (air party weapoo
cf ridicule, protesting that the proceedings of the day had strongly brought to his memory
.•no of the old fables he had learned in childhood — that of tbe sheep consulting whether
'iicy should not manifest their faith in the good words of their ancient enemies, by getting
nd of the guardianship of the dogs who usually attended them.
After amusing his auditory for some time by his description of the sage counsels of an oh'
patriarch of the flock, who warned them against the course they were abcut to adopt. Mr.
vConnell, pci cciving that *ie had tuned the meeting up to tbe proper pitch, suddenly
Ti-t-d his eyes to the gallon-, from which part of the -impel in which the.- were assembled
•hr previous spt.lkfr nj,d .-.ddr^ed 'hem. JUtf
DANIEL O'CONNELL, ESQ., I.T.P. 4] 5
"At this critical moment, when the voice of prudence was beginning to be heard, aww.r
(Woulfc) came forward to tte front of the gallery" <fcc.
As he spoke the words, he pointed to Mr. Woulf«, and an uproarious and universal shon
rf laughter did more than fifty long speeches could h»*e done to destroy the effect of thnt
gentleman's eloquent harangue.
The rest of Mr O'Connell's address was in a graver spirit, and ePjctually carried with it
tho meeting.
MR. O'CoNNELi, said that he did no* /Ise to oppose the motion,
as it was now modified by Mr. Woulfe. He did not, and never
should resist any tribute of Catholic respect and Catholic gra-
titude to the Earl of Donoughmore. He should never forget
how much the Catholics owed to that noble lord. In his illus-
trious family they had found their best supporters. The Hutch-
rnsons of the present day had their fathers' and their own claims
upon our gratitude. At a time when liberality to Papists was
little short of crime, their revered father broke the bondage of
bigotry, and stood forth, single and alone, the advocate of his en-
slaved country. The cause which he espoused was zealously ami
faithfully pursued by his sons. The Earl of Donoughmore ha*
unremittingly pursued it upon e^erv occasion ; in every discus-
sion he stood prominent in our cause. No enemy of religious
liberty was too humble to escape his contempt ; no profligate
deserter of religious freedom would be too exalted to escape his
dignified reprobation. (Loud applause for many minutes.)
And then he had a brother, too — the very first of patriots — the
most disinterested, the bravest, the truest Irishman living; — a
raan who could be described, in the language of truth, only by
adopting a familiar phrase, but certainly not a disrespectful one,
,'ind calling him the finest fellow that breathes — CHRISTOPHER
HRLY FTurcHixsoN. (Shouts of applause.) To his family more
\ras due than ever could be repaid; but alas for poor fallen Ire-
land!— when, instead of combining in the expression of those
sentiments, attempts were made to use the name of one of that
house as an instrument of dissension. But Mr. Woulfe is mis-
taken ; there cannot be any dissensions conjured up under tne
auspices of that name.
The learned gentleman, Mr. Woulfe, has indeed endeavoured
to excuse himself from an attempt to convert his motion into a
tocsin of discord. He says that he has been unfairly dealt with —
that your resolution to confine the business of this day to the peti-
tion itself has unjustly deprived him of other opportunities of
dissension, and that he is, therefore, driven to this effort, in or-
der to disturb, if he can, your unanimity
416 SELECT SPEECHES OP
What, Sir, will the gentleman then avow that discord and dis
sonsion are of themselves such mighty blessings that their absence
is to be regretted ? Is he in love with disorder and disunion ?
Does ne think unanimity an evil, and cordial combination a
curse? If such be his opinions — if tho°e be the sentiments of
the gentlemen with whom he says h** -ets, and who have taken
the names of seceders — ohl lo^ aiay they secede from Ca-
tholic counsels, and never may thjy return !
But what is the justice of Mr. Woulfe's complaint ? A select
meeting held before we came here, consisting of a large numbei
of that respectable class of Catholic gentry in your county, wh^
have hitherto been most active in your cause, concurred in this
sentiment, that irritation and division amongst the Catholics
ought now particularly to be avoided, and therefore, they agreed
to submit to this assembly that resolution which Mr. Mahon has
moved, and you have adopted.
At the select meeting, division had at length but one sup-
porter : with the exception of one, the meeting agreed to forbear
from all discordant topics. Here, indeed, Mr. Woulfe has had
two persons to vote with him against Mr. Mahon's motion.
[Here a gentleman exclaimed th*t there were three beside* Mr. Woulfe, for he. too. had
voted with him.]
Well, said Mr. O'Connell, there were three — might ii.-inority!
— there were just three in this assembly — three against the hun-
dreds here met ; and if the twenties and thirties of thousands of
Catholics whom your county contains were all here assembled,
the minority would not be increased by a single individual. ( Ap-
plause.) Well, with this glorious minority of three, the learned
gentleman proceeds. He first moves that the name of the Earl
of Donoughmore be substituted for that of Earl Conyngham.
Sir, however we respect the former, that was a motion which
could not be acceded to. Earl Conyngham, even if he did not
support your claims, possesses a species of affectionate popularity
in this country which would protect his name from any slight.
The best reward of that rare character in Ireland — an excellent
/andlord and a steady friend — Earl Conyngham deservedly pos-
sesses in the respectfal affections of his countrymen. There
never was a more vain attempt than that to displace him amongst
the Catholics of the county of Clare. (Applause.)
This difficulty was felt by Mr. Woulfe. He felt that he could
not succeed in erasing the name of Lord Conyngham from your
resolution. He, therefore, substituted a motion confined to a
compliment to Lord Dctoughmore. This motion was instantly
DANIEL OCONNELL, ESQ., M.P 417
acceded to. Every individual present cheerfully, readily, cor-
dially agreed to it. The resolution must pass unanimously.
Was Mr. Woulfe satisfied ? His motion met unanimous sup-
port. "Was he content? No, Sir, he was not satisfied — he was
discontented. Unanimity even upon his own proposition dis-
pleased him. The motion was a pretence; his purpose was dis-
union and discord ; and accordingly, without an assignable mo-
tive, or rational cause — quite apropos des bottes, as the French
say — he pronounced a long harangue against the Catholic Board,
full of sound and fury, but in plain truth signifying little if any-
thing. In good set terms he railed at the Board. I regret that
the points of accusation were so indistinct that it is difficult to
follow or understand them. But as far as I could comprehend
them, this volunteer harangue of accusation shall not pass with-
out reply.
Yet 1 first must proclaim my delight at the manner in which
this attack was received. I am glad he made it. I am glad
that a " seceder" should thus have had ocular demonstration 01
the unpopularity of his own opinions. You first heard him in
silence. The disapprobation which soon followed marked your sen-
timents, and amidst the expressions of your decided disapproba-
tion, which accompanied the close of his speech, he has learneo
how justly you prize the honest exertions of your General Board.
(Loud aud continued applause.)
Yet an object has been attained. One purpose is effectuated.
The philippic you have heard will appear in print ; it will grace
the columns of the hireling press — the vile, the scandalous cor-
ruption, the base-born slaves of venality will rejoice to publish
it, and some shallow and false friends will give it double circula-
tion. It will appear uncontradicted and unaccompanied by that
indignant reproof which you have poured upon it ; and the se-
cedere, joined in an holy alliance with the Orange Bovens of
Derry, and with the paltry persecutors of Wicklow, with the
Wingfields and Stratfords, conscientious supporters of religion !
God bless the mark ! Yes, the " seceders" and the persecutors
will rejoice in chorus, for the Catholic Board has been attacked
*>y both ; and the speech you have heard this day will be quoted
with equal delight by Protestant and Papist Orangemen. (Ap-
plause.
Let me, however, here, where I can be heard, proudly vindi-
cate the Catholic Board from the aspersions of the learned gen-
tleman. I am, indeed, proud to be the advocate of the Board—
uoubly proud, because such advocacy requires nothing but the
4 18 SELECT SPEECHES OP
simple statement of facts to make it triumphant. For of what
docs he accuse us ? — of what do his four charges consist ? I shall
separate the four counts in his indictment, to speak technically,
and you will soon perceive how idle and absurd is the accusation.
It charges the Board —
First — With acting in such a manner as enables our enemies
to misrepresent our actions.
Secondly — With this, *hat the Earl of Fingal and Sir Edward
Bellow, by name, and the learned gentleman himself, and several
other important persons, calling themselves " seceders," have se-
parated from the Board.
Thirdly — With having made an unnecessary and virulent at-
tack on Lord Donoughmore and Mr. Gmttan ; and —
Fourthly — With having been guilty of a pun. (Laughter.)
Such, Mr. Chairman, are the grave and portentous charcros
brought by Mr. Woulfe against the Board. I shall plead to
them, but reversing the order and continuing the phrase of my
profession, I Ahull nlead n»t guilty to the two latter counts, and
tender a justification to the two former.
The last 9harge is that with which I begin, namely, that thn
Board has committed a pun. This has the merit of comicality
and of novelty. It has been gravely stated by Mr. Woulfe ; but
I am unable to attempt, with gravity, to refute the charge, other-
wise than by denying the fact, and regretting that some worthy
seceder lias not furnished the Board with a collection of approvea
jests and moderate witticisms, that could suggest nothing bold
or dangerous. A public body accused of a joke ! a public body
charged with being miserably witty! Oh! most wise, most sa-
pient accusers ! But, let the fact be known. One gentleman of
the Board, Mr. Lawless, used the unfortunate witticism now repro-
bated. He, Mr. Lawless, talked of the " knockloftinett" of the
style of a certain letter ; but besides, that the Board is scarcely
responsible for the jests of an individual, the fact is, that the one
.11 question did not originate with him ; he found it in "The
Belfast Magazine" and retailed it to the Board at second hand.
Let " The Belfast, Magazint? and not the Board, bear the
blame; and there never was a woik that could better sustain an
attack ; it is a work that does honour to Irish genius, taste, and
talent ; it is a work consecrated to Irish liberty ; it glows with
every noble sentiment of icligious and civil freedom ; and dull
must be the understanding, and cold must be the heart ;t could
tail to enlighten and to warm in the cause of Ii eland. The con-
ductors of 't are Protestants and Presbyterians ; would to God
DANIEL O'CONNELL, ESQ., M.P. 4 id
the Catholic Board contained many — would that it contained
any such men.
To return from the digression which a very silly charge against
the Board bid me indulge, I now take up the next proposition
to which I have, for the Board, pleaded not guilty. It is, Sir,
the solemn accusation, " that the Board has made an unnecessary
and violent attack on Lord Donoughmore and Mr. Grattan !"
This charge I totally and entirely deny. The gentleman has
not supported it with a single proof ; but as it involves us in
the base sin of ingratitude, I shall reply to an improved charge ;
and by merely stating the facts, demonstrate the plain injustice
of the accusation. The facts are these ; attend to them I pray
you ; they are of importance to every Irishman, no matter what
may be his mode or form of faith.
Last year a bill was brought into parliament, purporting to be
for the relief of the Roman Catholic body. There was no deli-
Deration on that bill. Lord Donoughmore was scarcely con-
sulted with at all ; but it was prepared principally under the
auspices of Mr. Canning, one of the foremost in that class of
statesmen who raise their own interests whilst they despise pub-
lic liberty and political principle, and laugh in private at the
uupes, by whose confidence they rise to wealth and power. Mr.
Canning was the chief framer of the bill, and it was quite suited
to a patriot of his description/
It was the duty of the members of the Catholic Board dili-
gently and carefully to examine the principle and contents of a
proposed law, in which, as Catholics and as Irishmen, we were all
so deeply interested. We found it to be erroneous in principle ;
defective, and almost entirely useless in its details respecting our
-eligion ; indeed, it might have been said to contain no principle
at all ; or, rather, it contained a direct negative of the great object
of our pursuit— the principle that would declare conscience free,
and religion a question between man and his Creator. (Ap-
plause). _,, ,
Then with respect to our religion, it went to place our Church,
the appointment of our bishops, and the consequent control over
our clergy, in the hands of three privy councillors, to consist per-
haps of Dr Dui^enan, Sir Richard Musgrave, and the acting clerk
or secretary at the Castle, generally some conceited and ignorant
English coxcomb. Such were the men who were to preside over
ou- Church ; to whose fostering care our religion was to have
been confided : to whose tender mercies the holiness of our faitt
was to be entrusted. Is there in the Catholic body any man s
420 8KLECT SPEECTES OP
stupid a* to imagine, that the Catholic religion could exist fifty
years under such control ?
It has survived persecution ; built upon a rock, it has defied
the storms of force and violence. But this Emancipation Bill
would have undermined the Church, and the rock on which it
is founded ; and in the fall of both, the credulous people wo aid
be crushed to death and destruction.
This to you is enough. Canning's Emancipation Bill would
have destroyed your religion. No man could expect to be ap-
pointed a bishop after it passed, for any other reason than because
he did not deserve that sacred office. Piety and learning, and holy
zeal, and blessed charity, which we now see so often combined in
our venerated prelates, would all be passed over and carefully rejec-
ted ; and in theirroom the men would be selected, who were subser-
vient, and subtle, and flattering ; the men whoco.uld sacrifice their
consciences to the interest of their patrons. A good electioneering
agent would deserve a mitre by ardency in the bribery and cor
ruption of a contested election ; and the patronage of the Catholic
Church would become a constant, as it would be a valuable article
of ministerial traffic and barter.
Aad to this the hereditary hatred which so many cherish
against the Irish Catholics ; und when you have placed the Irish
Catholic Church under the combined control of bigotry and inter-
ested profligacy, I would fain learn whether there be any seceder
so confident as to usscrt, that the Catholic religion in Ireland
could survive under that domination.
But this is not all : the last ray, the remaining spark of liberty
in Ireland would have been extinguished by the same process
which had put out your religion. The quantity of influence
which the minister would have procured by means of Mr. Can-
ning's bill is obvious : there would be placed in every diocese,
and then in every parish in Ireland, a ministerial dependant,
obliged to support the minister by the tenure of his ecclesiastical
office ; and then the expectants of the offices would, as is usual,
be under the necessity of using double diligence in the service of
the friends of the ministry. Thus Canning's bill would have
given a more extensive and formidable patronage and support to
every succeeding administration ; it would have brought more
numerous, better disciplined, and more effective recruits into the
ranks of corruption than any one political measure ever yet in
vented or even imagined.
I repeat it, that then, puMic liberty would be a shadow, and tb.
DANIEL OCOKKELL, ESQ., M.P. 421
Kim pie and the impret ending despotism of a Turkish province
would be a subject for admiration and regret. (Applause.)
See what has already occurred in the Presbyterian Church in
Ireland. The Irish Presbyterians were remarked and admired
for their love of liberty ; their hatred of oppression ; their manly
,ind noble spirit of independence. The republican portion of ooir
mixed constitution ; that part of our constitution which is essen-
tially necessary for the preservation of the liberties of the people,
had, in the Irish Presbyterians, vigilant guardians, active, zealous,
informed, and enlightened supporters. The Presbyterians first
felt that the true interests of Ireland required a cordial co-oper-
ation of all the Irish people ; and demanded the extinction of
religious animosities, and the glow of mutual benevolence. The
Irish Presbyterians, accordingly, sacrificed their prejudices on
the altar of Ireland ; they made the first advances to conciliation ;
and met even the half-wiiy advances of the Catholics, to a cordial
combination of effort in the cause of freedom. They were always
the friends of civil liberty ; and, for the sake of that darling object,
they became the friends of religious liberty also.
But in an evil hour, when the clergy accepted salaries from
the state, the " Reyium Donum" was introduced ; their clergy
became familiar with the Castle ; the natural consequences fol-
lowed : their leading gentry fell off, and joined the more courtly
and fashionable worship of the Established Church ; their lower
classes deserted, and joined the ranks of the Methodists, and
sought untried preachers amongst other sectarians ; and there
remains now to remind us of the ancient glories and worth of the
Irish Presbyterians, only just such a residue as must convince
us what they would have been, and what she would have done
for Ireland, if the Church had not been corroded and almost anni-
liilated by the blighting breath of ministerial influence and cor- ,
ruption.
With this example before us of a religion almost destroyed,
and a watchfire of liberty almost extinguished, could we feel
otherwise than indignant at Canning's attempt to destroy the -
Irish Catholic Church 1 We are attached to the Catholic Church
firmly and conscientiously; we are attached to liberty ardently
and devotedly; and we could not behold with indifference our
religion and our liberties devoted, under the name of relief, k<
decay and ruin. We had not, we confess, sufficient coldness and
discretion to see those prospects, and remain unmoved Our
venerable prelates joined in our fears ; they condemned Can-
ning's clauses; we expressed our gratitude , and here secession
422 SELECT SPEECHES OP
Logan. The "seceders" thought the bill right, and the bishop
wrong^; and from the day on which We thanked our prelates for
their care of the Catholic Church — from that day the great era
of secession is dated, and the party of whom, for the first time,
a boast is made at a public meeting, commenced its history ; but
of this party I shall say more presently.
The relief bill, I have told you, was defective in its detail*.
After having pointed out its natural and necessary tendency to
destroy religion and liberty, it may be deemed quite superfluous,
or worse, to notice its details ; but I cannot avoid pointing out
a few of its most prominent defects. At present it is said that
the Catholics of Ireland cannot found any school, nor e8tabli>!
any charity for Catholics. Catholic schools and Catholic chari-
ties are, they say, forbidden by law; nay, the law is much worse;
for there is a commission, consisting principally of Protestant
bishops, with Dr. Duigeuan at their head, whose duty it is u»
look for illegal — that is, Catholic — charities ; then to employ
an attorney, who, in all events, is to be paid out of the cha-
ritable fund attacked. Whether they succeed or not, their
attorney is entitled to his plunder — his full costs from the de-
fendants j and it is the duty of those commissioners, thus amused
with litigation, at the expense of their adversaries, to lay hold of
all property destined for Catholic schools and charities, and to
convert it to the purposes of Protestant charities and schools !
All charitable bequests for Catholic purposes, the executors
are bound to divulge, under severe penalties. Besides, conceal-
ment is impossible ; for the wills must remain in the Ecclesias-
tical Court, and thus a complete inquisition is established over
every source of charitable relief, and every fund for the education
of Catholics. Besides, the very collections of your charity ser-
mons may be swept away by any common informer, but that
such species of profligacy is restrained and controlled, in despite
of the law, by the execration of mankind.
Perhaps you imagine that the late* relief bill would have re-
duced those evils, and rescued your schools and charities from
Ihe Protestant inquisition. You are mistaken if you think so.
The bill would have left the inquisition precisely as it found it.
I shall particularise but one more defect. A Catholic priest
is at present subjected by law to capital punishment if he hap-
pens to marry a Catholic to a Protestant, or to a person wb*
was a Protestant at any time within twelve months before the
marriage. It is immaterial whether the priest know the fact, or
he ignorant of it. Let it be so studiously concealed from him
DANIEL O'CONNELL, ESQ., M.T>. 493
that he cannot possibly discover it, still he is guilty of a capital
Felony ; and I will venture to assert that there is not a single
priest m any of the large towns in Ireland who has not repeatedly
been rendered liable to the punishment of that offence. But the
law is not content with directing the priest to be hanged, even
for a mistake ; the cruel folly of the penal code went further •
and lest the priest should be unreasonable enough not to be con-
tented with hanging, another statute has, in addition, imposed
a penalty of £500. Thus, a priest may, by law, be first hanged,
and secondly fined £500 for one and the same offence ; and the
construction was, in the year 1802, expressly admitted, in my
hearing, by the late Lord Kilwarden, pronouncing the unanimous
opinion of the Court of King's Bench.
The relief bill would have left the law, in this particular also,
as it found it ; and if the charter of emancipation, as it was lu-
dicrously called in Cork, had passed, the priests of that city would
have continued liable, for a mere mistake, to death, with a super-
added fine.
I will not delay you to particularise many other defects in the
relief bill ; I will not point out to you the omission to give votes
to Catholic peers at the election of Irish representative peers ; of
the insertion of civil and military officers, without adding naval
and judicial, although the distinction between naval and military
officers is pointedly recognized by the statute law, and the dif-
ference between naval and military officers has already been
effectually relied on to exclude the Catholic from the latter.
Neither shall I detain you with pointing out the insufficiency
of the relief bill to procure the Catholics their rights in corpo-
rations. You well know the advantages derived from the free-
dom of corporate cities ; you know by experience what vexations
freemen of cities escape. Corporate rights are now become of
inestimable value in the neighbouring city of Limerick ; and if
there be spirit and independence amongst you, they may also
soon become valuable in the town of Ennis.
All these, and many more wants were in the relief bill of
last year. The Catholic Board would have ill-deserved the con-
fidence of their oppressed countrymen, if they had not sagacity
to discover, and manliness to expose those defects. The course
to be pursued appeared plain and simple. Lord Donoughmor.
was certainly in no manner responsible for the relief bill ; and
Mr. Grattan, who had supported its civil enactments, was, we
are convinced, unacquainted with the particulars in which thai
bill wad defective. Under these circumstances, the Board sw
i24 SELECT SPEECHES OF
licited respectfully a communication with those illustrious per-
sonages. Something like offence appears to have been taken
at our solicitation ; we were replied to in a style of superiority,
better suited, perhaps, to periods when the Catholics were more
depressed, the Protestants more elevated. What was the cause
or reason of the error — for so I must pronounce it — into which
these, our great advocates, fell ? The Board treated it with per-
fect respect, and replied to it in terms of perfect civility. The
rejoinder was, perhaps, more unbending than the first answer.
Lord Donoughmore did not think it right to descend from his
lofty attitude. Mr. Grattan took the same ground, and even
condescended to lecture the Board. But the Board never swerved
from its determined respect. It was the prototype of humility
personified ; aa-l it did not, for one instant, forget what it owed
to the former «*i vices of the noble lord and right honourable
gentleman. It did not even enter into any expostulation, much
less into any reproof. But it submitted in silence to a claim of
superiority which the law conferred, and, perhaps, nature had
confirmed ; nor was that silence the less meritorious for the
thousand heart-breaking recollections which lega! superiority
rouses and perpetuates. (Loud and continued applause.)
Such are the facts ; 1 defy Mr. Woulfe, or any other gentle-
nym to contradict any one of them. Where, then, is the attack
on Lord Donoughraore ? Where, then, is the violence or intem-
perance of the Board ? For my part, I felt and found blame,
for another and a very different reason. I apprehended that the
Board would have met censure and reprobation for the excess of
its tumeness and submission. "Bold measure men." as the hire-
lings of the administration call us, would have acted otherwise.
" Bold measure men," if such there really were, would have put
an earlier period to the correspondence, by respectfully, but
finny, declining future support. But we thought and judged
differently ; and therefore can securely laugh to scorn those who
would accuse us of intemperance, or disrespect to Lord Donough-
more or Mr Grattan. (Much applause.)
Little must bo said on the other topics of accusation. It is
rather ludicrous to charge us with the course that Lord Fingal,
and Sir Edward Bellew, and the learned gentlemen have seceded
or that our enemies misrepresent us. I cheerfully admit the
private worth an J high rank of the noble lord ; I readily concede
the great wealth aiivl respectability of the worthy baronet ; but
after all, what are they when put in contact with the people of
) Lord Fingal is not the Catholic cause, nor is Sir
DANIEL O'CONNELL, ESQ., M.P. 42§
Edward Bcllew the Catholic strength. That cause may proceed
in its native and inherent strength without them. Whilst I la-
ment their absence, and should rejoice at their exertions, I can-
dot consent to think that the liberty of the people depends on
their presence or secession. The seceders of 1792 were as high
in rank, and were sixty-eight in number; yet the people pressed
on their cause, and were eminently successful. I say this to
show you, that even if Mr. Woulfe be right, and that this se-
cession has taken place, yet the people may, if they please, again
triumph. Let Mr. Woulfe too, recollect, that the Board contains
other noble lords and honourable baronets, who have not seceded :
and that the families of those who remain are as free from the
intercourse of placemen and pensioners as those who are alleged
to have seceded.
One word, then, as to the charge that we give room for mis-
representation. My answer is ready : — If our actions were mis-
chiev\>us or improper, our enemies would have no occasion to
misrepresent. They pay a compliment to our integrity when
they resort to misrepresentation ; they tacitly admit that the
fact would not serve their purposes, when they distort it, in order
to injure us.
And, after all, who can stay the progress of misrepresentation^
We have open and avowed enemies. We have equally tried
enemiec, who pretend to be our friends ; for their daily pay they
must calumniate and misrepresent ; and for my own part, I
should as soon be angry with the winds for shifting to an un-
pleasant point, as I would with any of those pitiful creatures,
whose rancour is paid by the day, and who, perhaps, for smaller
pay, certainly for greater, would calumniate the subjects of their
present eulogies. But while the people of Ireland listen to the
dissemination of discord and dissension, does Mr. Woulfe and
his "seceders" imagine that the people will never learn the wis-
dom of union and concord ? Have seven centuries of misery
and misfortune not taught Ireland the source of her woes ? — is
she now to learn that it was by division she was first conquered ?
— that it was by the dissension of her sons she was often plun-
dered—and that it was by their discord she was finally erased
from the rank of nations, and reduced to the form of a province?
Yes, Mr. Chairman ; our enemies did, our enemies can at alJ
times succeed in Ireland. The curse of the country is in that
spirit which leads Irishmen to prefer a .contest with one and the
another, to the attack of the foes of their religion and liberty. It
is quite characteristic of this ill-fated land to have Mr. Woulfe
2 £
126 SELECT BPEF.CH F» OF
exhaust thatelo quence in a sally against the Catholic Board,
'vhich might be better employed upon the opponents of his faith
and country. \vhy does he play the Roman fool, and turn his
sword upjh his fe.'low-slave^ whilst 'oppressors are allowed by
him to escape with impunity ? Let him expose one bigot — let
him dosert and reprobate one prejudice, and then, perhaps, he
may be entitled to war with his fellow-labourers ; but if he prefer
to take the same side with the persecutors, and to strike at those
who strike at them, let him not wonder if he be mentioned amongst
the euemies of his country.
How often has Ireland been taken to the market, and sold by
the corruption of her own children ! — bow often has she been be-
trayed by the folly of her own sous i But a better day opens,
I trust, to her view. Her Catholic Board will remain firm at ita
post until religious liberty isattained. It is cheered and rewarded
by your confidence ; and the " seceders" themselves will, I trust,
soon learn, that unqualified emancipation is our undoubted* right,
as the active pursuit of it is our first duty ; and in that sacred
cause let the watchword be — UNAKIMITY FOR OLD IRELAND !"
Well *a* it that toe Catholic mind was thai again excited sgainst the detestable M tecu
riUrs ;" M In a very few weeks after, the afflicting Intelligence was announced, that tlie
prelate* appointed to administer ecclesiastical affairs at Rome, daring 'the captivity 01 the
Pope, littd not only assented to, but approved of the* u securities" in the parliamentary bill
the preceding year.
TV document itself which conveyed this disastrous Marat, and which bore the aignatorr
•Moiwignor Q.iaraiitotti, Vice- Prefect of Home," was Immediately published, in extent*
»y all the journals of the United Kingdom ; and exceeding was the jubilee of the enemies
it the reliyion of the Catholics— /W<n<fc of their political claims, as many of them were.
Corresponding was t!»e grief and dismay of every Catholic of sound judgment aud sound
heart ; but in an equal measure was their determination not even yet to abandon theii
opposition to the ruin of Uwir religions independence.
A very few brief extracts from the letter of " An Irish Priest," which appeared in the
Dublin Evening Pott the day after Quarantotti's document had been given, will show too
spirit in which the latter was met at once .—
"The ferment spread like wildfire through every gradation of society: wd the very
.owc.it order of people felt its influence. Some cursed— others moaned— all complained
Early this rooming my old servant-maid, without waiting for any commands of mine, ac-
costed ire abruptly with these words :— ' Oh, air ! what shall we do ? Is it— can it be true.
Mat the Pope hat turned Oranytma* f //•-
•* I must beg to correct-two material mistakes of yours. The document
is not from his Holiness Pint VII. Nor is them a word to indicate ai.y
sort of consent or approbation from him, or any one of his cardinals. Quarantottl refers to
no authority but his own A clerk to the Congregation of Propagand.
presumes to decide on a subject of the greatest magnitude, and which would require the
deliberation not only of the whole Congregation and of the Pope himself, with his wht Is
College of Cardinals, but of an entire (Ecumenical Council Kay, as it appertains to local
discipline, thai (Ecumenical Council itself could not compel w to submit— much less an
anderstrsppcr of Propaganda !"
Aftor severe criticism on the Lot*** of the lament, the writer thus proceeded to
DANIEL O'CONNSLTJ, ESQ., M.P. 427
Utj,>ther point ot attack — the channel through which an announcement of such injportan- •>
to Ireland was made : through an English Vicar Apostolic ! instead of, at least, beir.^
addressed to the Irish regularly constituted Hierarchy. We pass over this and other point?
.trongly and warmly put and expressed, to give the concluding sentence, applicable to tbe
circumstances of the present day, with the single alteration of substituting the words
• ttlf-styled liberal Catholics" for the last word here given :—
" Every attempt to weaken the Catholic Church in Ireland shall, in the end. prove fruit
)en ; and aa long as the shamrock shall adorn our island, so long shall the faith delivered.
to us by St Patrick prevail ; in despite of kings, parliaments, Orangemen, and Quar-
Almost the next newspaper contained a stirring prptest and address of clergymen against,
this rescript by Quarnntotti (or "Mister Forty. Eight? as the irrepressible tendency to
Jotting, In the Irish Catholic, had already christened him, in allusion to a wild story about
the der1 ration of his patronymic, said to have been from the number of a lucky lottery.
ticket that had made his father's fortunes). As the first clerical move we give it in full,
with the names annexed ; foremost among them, as our readers will gladly recognize, the
honoured name of the revered and admirable present Bishop of Dromore, the Right Rev.
Dr. Blake.
Others too, names of dearly loved and respected members of the priesthood of Dublin
at the present day, will also be gladly and warmly recognised— and affectionate rsgret.i
will be Again awakened at seeing the names of others who have, at various periods of the
long interval since this act of true-hearted patriotism and unerring religious fidelity, gccc
to receive the reward of their virtuoo.
'RESOLUTIONS
"OF THE PARISH PRIKST8 AND CLERGYMEN OF THE ARCHDIOCESE OF DUBLIN,
" BK) 1>OB-«TRRKT OHAPKL, THURSDAY, MAY 12
Wo, the undersigned parish priest* and clergymen of the archdiocese o' Dublin, feel it
M a duty that we owe to GOD, and to our flocks, to make the following pa blic declaration .—
" Resolved- •' That we consider the document or rescript, signed " Itiiarantotti, a* n»n-
<+ltvaton, noon the Cvniouc CHURCH is IRKLAWD, particularly as it wants those a.itnori-
tatfve marks? whereby the mandates of the HOLY SEE are known and recognized a..d ESI-B-
*«™atTwc 2SdS The^Hng to" an anti-Catholic government *ny power,. either dlie*
tr indirect, with regard to the appointment and nomination of the Catholic bishops in Ire
is country, r- consider the granting of-ndi a power
cimunceva n ,
n«tonfvinexptMlienN but highly detrimental to th« best amrdearest interests of religion,
d prk-nant with incalculable mischief to the cause of Catholicity in Irelai.d.
ana pre nan f (lomosti(. nomination can be made among tht energy or Ire-
Md a* ill precluae "that foreign influence against which those securities, so destructive
SK!^ anadr:rPully do hereby supplicate our venerable arcn-
and we do hope that the Catholic clergy and laity of all Ireland will join us in
pra<, that he and the other Irish prelates will, without delay, remonstrate against this
ment and represent to his holiness and the &acred college of cardinals, now happily
?n?ai at Ron e The peculiar situation of the Catholic Church ,n Ireland, and the tre-
raendoastvils which we apprehend would inevitably flow from the adoption of the prin-
ciples laid down in th« said document
Andrew Lube P.P. Denis Farrell< 0 S.D.
"
SELECT SPEECHES OF
Wi'liam Yore, Curate of St James*. John Martin OT>onovan Cmcp.wn fn th«
J. Kavanagh, Curate of Francis-st ChapeL Honw of Industry.
James Reynolds, O.S.F. Michael V. Kinsela, O.S.F.
Patrick PnrcolL Curate of St Andeon's. Peter Wade, Mary's-Lane Chapel.
M. Doyle, Cnratc of SS. Michael A John'*, John Madden, John's-lane Chapel.
Alexander Roche, do. do. John Devereux, Church-street ChapeL
Thomas Coleman, do. do. Andrew Ennis, Llffey- street Chapel.
M. Keogh, Curate of Heath- st Chapel. John Francis Roche, Clarendon -et Chape!
Patrick Ccrr, Mary's -lane. John Murray, Swords.
M. B. Corr, do. Anthony Guilfoyle, O.S.A. Adam and Eve,
John C. Kearney Frands-street Chapel. L. Plunkett, O.S.D.
Stephen Dowdall, O.S.F. Jamea Carey. P.P. Swonfa,
Francis Joseph L' Estrange, O.D C., Claren- James P. Kenny, Church-street. • ••
don-street Chapel. J. Leonard, O.C.E., Church-street
Joseph O'Hanlon, do. do. John Grace, Townsend street Chape..
Charles Boyle, Curate, Ctontarf. Simon M'Carthy, French street Chapel.
Joseph Sheridan, Church-street ChapeL Denis M'Feeley, Pnrtmamock.
Michnel Nowlan, James'-street ChapeL Patrick Caffrey. Church -street Chapel.
Nicholas Malone, Church-street ChapeL Patrick Callaghan, da do.
Walter Miler, Curate of LifTcy-st ChapeL B. J. M'Dermott, S. Ord, Pnednx Curate of
Hugh Daly, SS. Michael A John's. Francis-street ChapeL
James Campbell, Meath-street ChapeL Joseph Glinn, Liffey-street ChapeL
Richard Fannln, John's-lane ChapeL James M'Keon, P.P., Flnagh.
Daniel Costlgan, Liffey-street ChapeL Denis Gahan, O.S.A., Curate St Catherine's."
The Evening Post announced that the names thus appended Included all the clergymen
fct that moment in the dty of Dublin, and ends its remark* upon the address with
- DEO IN EXCELSIS r
Meantime the Catholic and liberal newspapers, with but • e exception, were blazing
out in indignation against the scheme, and all connected with it; and their own articles
were accompanied and, as it were, sanctioned by letter* from c'ergymen. Ac., full of the
same denunciations and protest*.
The venerable Dr. Coppiniter, Catholic Bishop of Qoyne, was first in the field, of hi*
order, at this crisis. In a letter of his that appear* In the iXibUn Evening Pott, of May 14*
he styled "Jfr. QuartmtoftC t decr*T a " wry mitchit*nu document," and added :-
"In common with every real friend to the integrity of the Catholic religion in Ireland,
I read it with feelings of disgust and indignation ! "
In similar strong terms the Catholic Bishop of Dromore, the Right ReT. Dr. Derry, fol-
lowed a few days later.
Right Rev. Dr. O'Shaughnessy :—
"The result of this pernicious document, if acted upon, wroiW be fatal to the CatLulie
religion ; therefore I hasten to protest against it, and while I have breath ia my body will
continue to do »o."
What we have given were the first— almost instantaneous demonstrations. It would be
utterly Impossible to give even a summary of tho»e which rapidly and In overwhelming
•umbers and increasing strength followed them.
On Thursday, May 19th, an aggregate meeting took place at the FarmraR Repository.
Stephen's-green, Thomas Wyse, junv Esq., in the Chair (the present member tor Waterfo*
|ty), to consider the rescript of Quarantotti, and other Catholic business.
The following were the pith and marrow of the resolution* which were unanimously pasted
on this occasion : —
« Resolvod—Thftt we deem it a duty to ourselres and to our country,
solemnly and distinctly to dcdare, that any DECREE, MANDATE, RESCRIPT,
OR DECISION WHATSOEVER OF ANT FOREIGN POWER OR AUTHORITY, RB-
UGIOUS OR CIVIL, ought not, and cannot of right, assume any dominion
or control over the political concerns of the Catholico of Ireland.
"Resolved — That the venerable and venerated the Catholic PRIESTS
of the arch-diocese of Dublin have deferred our moot marked and cor-
dial gratitude, as well for the uniform fcmor of their sanctified lives, M
EL uCONNELL, ESQ., M.P. \*2%
to particular for the HOLY ZEAL AND ALACRITY with which at the pre-
sent period of general alarm and consternation, they have consoled the
people of Ireland, by the public declaration of their sentiments respect-
ing the mischievous document, signed B. QUAEANTOTTI, and dispose them
to await with confidence the decision of our revered prelates at the ap-
proaching synod.
" Resolved — That we do most earnestly and respectfully beseech ovir
revered prelates to take into consideration, at the approaching synod, the
propriety of for ever precluding any public danger either of MINIS-
TERIAL or FOREIGN influence in the appointment of our prelates.
Mr. O'Connell's speech at the aggregate meeting is given in evidently a very imperfect
•hape indeed. It had three chief points :— first, a protest against the recent steps taken in
favour of the veto; next, a vindication of the confluct of the clergy of the archdiocese of
Dublin, who had so nobly come forward against that measure, and an expression of confi-
dence that the hierarchy would soon fulminate against it ; and finally, a contemptuous
and indignant comment upon some peculiarly bigoted and peculiarly absurd anti-Catho-
lic resolutions of several county grand juries.
The bishops' protest was as follows, agreed to cu the 27th of Hay, after two days' comm-
ence at Maynooth :—
" Resolved— That a congratulatory letter be addressed to his Holiness
Pius VII., on his happy liberation from captivity.
" Resolved — That having taken into our mature consideration the late
RESCRIPT of the VICE-PREFECT of the PROPAGANDA, we are fully convinced
that it is not mandatory.
"Resolved — That we do now open a communication with the HOLY SEE
on the subject of this document ; and that, for this purpose, two PRELATES
be forthwith deputed to convey our unanimous and well-known senti-
ments to the CHIEF PASTOR, from whose wisdom, zeal, and tried mag-
nanimity, we have reason to expect such decision as will give general
satisfaction.
" Resolved _ That the two last resolutions be respectfully communi-
cated to the Right Honourable the EARL OF DONOUGHMORE, and to the
RHit Honourable HENRY GRATTAN, with an earnest entreaty, that when
the3 question of Catholic Emancipation shall be discussed in Parliament,
they will exert their powerful talent in excluding from the bill intended
for our relief, thoseclauses which we have already deprecated as severely
renal to us, and highly injurious to our religion. "
We must hurry on our summary of the feat-crowding events of this stirring year, with
** little of comment as is possible, consistent with preserving the slender thread of out
"^unsatisfactory correspondence between the Catholic Board and Lord Donougluuore
and Mr Grattan continued in the same mixed style of compliment and remonstrance until
early in June, when, without warning to those who had entrusted him with the Catholk
petition to the lower House, and without consultation ™th any one, Mr. Grat an when pw.
Anting the petition, announced that it *« not his intention to bring forward the Catholic
a was instantly summoned to consider this unexpected event, ami
decide on what steps it might be proocr to ta*» under the circumstance-, wnen suddenly the
fjitowing prociauiartoa "uule its appearance.
•JW t> .LCCT fc
•' \Vnn WOKTH
" Whereiuan assembly, under the denomination of the Catholic Board
h»w for a considerable time existed in this part of the United Kin»d. m,
tinder pretence of preparing petitions to parliament on behalf of the Ca-
tholics f f Ireland.
•4 And whereas, under the provisions of an act made in the parliament
of Ireland, in the thirty-third yetir of the reign of his present Majesty,
intituled — * An act to prevent the Election or Appointment of Unlawful
Assemblies, under the pretence of preparing public petitions or other
addresses to his Majesty, or to the parliament' — The said assembly is an
unlawful assembly.
" And whereas, great artifice has been employed in order to persuad
the public generally and his Majesty's Roman Catholic subjects in Ire-
land in particular, that such an assembly is lawful and necessary to the
exercise of the ri^ht of petitioning.
" And whereas, the law hath hitherto not been enforced against the said
assembly, in the expectation that those who had been misled by such arti-
fice would become sensible of their error ; and in the hope that the said
assembly would be discontinued without the necessity of legal interpo-
sition.
Now we, the LordLieutenant, by and with the advice and consent of
his Majesty's Privy Council, being oatisfied that the permanence, or the
further continuance of the said assembly can only tend to serve the ends
of factious and seditious persons, and to theViolation of the public peace,
" Do nereby strictly caution and forewarn all such of his Majesty's sub-
jects as are members of the said assembly, that they do henceforward
abstain from any further attendance at or in the said assembly
** And do hereby j;ive notice .
" That if, in deliance of this our proclamation, the said assembly shall
again meet after the date hereof, the said assembly and all persons act-
ug as members of the same, shall be proceeded against according to
law.
Given at the Council Chamber in Dublin, this third day of June, 1814.
CHARLES MANNERS, (Lord Chancellor). FRANKFORT.
CHARLES CASIIEL. J. M*MAHON.
DROOHEDA. G. HEWETT.
WESTMEATH. G. K >< > \
MAYO. J. ORMSBY VANDELEUB.
ERNE. WILLIAM SAL-KIN.
CHARLES KILDARE. 8. HAMILTON."
CASTLE COOTE.
li, Till thus be seen that the Catholics had their hands pretty fall ! The unauthorised
cai'ttvlaH-m with the British Government as to Irish ecclesiastical independence, by Quar-
artt.tti; the folly and treachery that were backing him in Ireland; the extraordinary
abandonment (as, at least for the current session of parliament, it was) of their cause by
Ita olil parliamentary advocates ; and now the renewed activity of hostility on the part ol
the government— all this might well hare been expected to dismay the faint-hearted, and
chill tho hopes of the brave.
But the cause was not wnrfer the guidance of a faint heart ; or of one whose toMer concep
th«» needed fal» skle» and Mimroei weather to r«;>en tbcm into action A iner.ti'ig »*•
DANIEL n'COXNKL,t. ESQ., tn.r. . 4oi
nnmedlately held in Mr. O'Connell's hoi»e, in Merrion -atjtuire, at which it was resolved, of
course, to snbmit to the government, in so far as tiie abstaining from assemtling at that
moment the Catholic Board ; but at the same time to summon at once another aggregate
Catholic meeting, to consider the most advisable course to be pursued at so important and
difficult a juncture.
As any work dealing with the public life of Daniel O'Connell, must necessarily partake,
more or less, of the character of a politic*! history of Ireland during his time, we cannot
think it out of place to insert here a "«harge" made by the late Baron Fletcher, to the
county Wexford grand jury in the year 1813 — a charge which astonished every owe by
the boldness and directness with which it went to the very roots of the social evils of
Ireland ; ai'.d which to this daj is applicable in many parts, and deeply interesting !D a'J
The learned judge said : —
" In mv circuits through other parte of the kingdom, I have seen tb.
lower orders of the people disturbed by many causes, not peculiar to an)
particular counties; operating with more effect in some, but to a greater
or less extent in all. I have seen them operating with extended effect
hi the north-west circuit— in the counties of Mayo, Donegal, Derry,
RoHConamon, &c., &c.
" These effects have made a deep impression on my mind. My ob-
servations certainly, have been those of an individual ; but of an indi-
vidual seeing the same facts coming before him, judicially, time after
time ; and I do now publicly state that never, during the entire period
of mv judicial experience (comprising sixteen circuits), have I discovered
»r observed any' serious purpose, or settled scheme, of assailing his
Majesty's government, or any conspiracy connected with internal
rebel* or foreign foes. But various deep-rooted and neglected causes
producing similar effects throughout this country, have conspired to
create the evils which really and truly do exist.
* ******
"In the next place, the county has seen a magistracy, over-active in
,ome instances, and quite supine in others. This circumstance has ma-
•erially affected the administration of the laws in Ireland. In this re-
jpect, I have found that those societies called ORANGE SOCIETIES have
produced most mischievous effects, and particularly in the north of Ire-
And. They poison the very fountains of justice : and even some ma-
gistrates, under their influence have, in too many instances, violated
'tfieir duty and their oaths. I do not hesitate to say that ALL associa-
jions, of every description, in this country, whether of ORANGEMEN or
KfBBONMFN— whether distinguished by the colour of orange er of
-wen—all combinations of persons, bound to each other bjthe obliga-
tion of an oath, in a league for a common purpose, endangering the
peace of the country, I pronounce them to be contrary to law And
'hould it ever come before me to decide upon the question, IshaU not
hesitate to send up bills of indictment to a grand jury, against the indi-
viduals, members of such an association, wherever I can find the chargf
^'""Onhb'l ascertain, that so long as those associations are permit
> >d to act in the lawless manner they do, there will be no tranquillity
, , tlm country, and particularly in the north of Ireland. There those
rrbers of the pub lie peace, who assume the niune of Orange yeomen.
43*J Si.Li.CT SPEECHES Of
frequent the fairs and markets, with arms in their hands, under the
pretence of self-defence or of protecting the public peace, but with the
lurking view of inviting the attacks from the Ribbonraen confident that,
armed as they are, they must overcome defenceless opponents, and put
them down. Murders have been repeatedly perpetrated upon such occa-
sions ; and though legal prosecutions have ensued, yet such have been
the baneful consequences of those factious associations, that, under their
influence, petty juries have declined (upon some occasions) to do their
duty.
*********
" Gentlemen, that moderate pittance which the high rents leave t<i
the poor peasantry, the large county assessments nearly take from them.
Roads are frequently planned and made, not for the general advantage
of the county, but to suit the particular views of a neighbouring land-
holder, at the public expense. Such abuses shake the very foundation
of the law ; they ought to be checked.
" Superadded to these mischiefs are the permanent and occasional
absentee landlords, residing in another country, not known to their
tenantry, but by their agents, who extract the utmost penny of the
value of the lands. If a lease happens to jail in, they set the farm by
public auction to t/w highest bidder. Ao gratitude for past services ;
no preference of the fair offer ; no predilection for the ancient tenantry :
be they ever so deserving ; but if the highest price be not acceded to, tin
depopulation of an entire tract of country ensues.
"What, then, is the wretched peasant to dof Chased from the spot
where he had first drawn his breath, wh^re he had first seen the light of
heaven, incapable of procuring any other means oj existence, vexed with
those exactions I have enumerated, and harassed by the payment of
tithes, can we be surprised that a peasant of unenlightened mind, of
uneducated habits, should rush upon the perpetration of crimes, fol-
lowed by the punishment of the rope and the gibbet f
"Nothing, as the peasantry imagine, remains for them, thus harassed,
and thus destitute, but with strong hand to dxiter the stranger from in-
truding upon their farms ; and to extort from the weakness and terror
of their landlords, (from whose gratitude or good feelings they have
tailed to win it) a kind of preference for their ancient tenantry."
The learned judge next turned to the evils not even yet quite abated— the jury law.
ft is to be recollected that the grand juries were entirely (and are still, in mauv insuuudB/
in the hands of the ascendancy faction.
" Gentlemen, another deep-rooted cause of immorality has been tht
operation of the county presentment code of Ireland — abused as it has
been for the purpose of fraud and peculation, will you not be astonished
Fhen I assure you that I have had information judicially from an up-
right country gentleman and grand juror, of unquestionable veracity
in a western county, that in the general practice, not one in ten of tlie
accounting affidavits was actually sworn at all ! Magistrates have signed
and given away printed forms of such affidavits in blank, to be mVd
DANTKL O'COX^KLL, ESQ., M.P. 433
np at the pleasure of the party. This abuse produced a strong repre-
sentation from me to the grand jury ; and had I known the fact in time,
I would have made an example of those magistrates who were guilty of
i»o scandalous a dereliction of duty. Another source of immorality
may be traced in the registry of freeholders. The tenantry are driven
to the hustings, and there, collected like sheep in a pen, they mustpol)
for the great undertaker, who has purchased them by his jobs, and this
is frequently done with little regard to conscience or duty, or reul value
tf the alleged freehold .
"Another source of immorality lay in the hasty mode of pronouncing
decrees upon civil bills, which was common before assistant-barristers
were nominated for the several counties. All these concurring causes,
however, created such a contempt for oaths, that I have often lamented
it to be my painful lot to preside in a court of justice, and to be obliged
ro listen to such abominable profanations."
* * * * *'* * * * ***
The next matters touched upon in this admirable address come upon us Kke au echo
from the debates on Ireland of no very remote date ; instead of, as the recital of words ut-
tered in a time barely within the memory of the present generation.
" But, gentlemen, is there no method of allaying those discomeats of
the people, and preventing them from flying in the face of the laws ?
Is there no remedy but act of parliament after act of parliament, in
quick succession, framed for coercing and punishing ? Is there no COF-
rective but the rope and the gibbet ? Yes, gentlemen ; the removal of
those causes of disturbance which I have mentioned to you will ope-
rate as the remedy !
" I should imagine that the permanent absentees ought to see the
policy (if no better motive can influence them) of appropriating liberally
some part of those splendid revenues which they draw from this coun-
try— which pay no land-tax or poor's rate, and of which not a shilling
is expended in this country ! Is it not high time for those permanent
absentees to offer some assistance, originating from themselves, out of
their own private purses, towards improving and ameliorating the con-
dition of the lower orders of the peasantry upon their great domains,
and rendering their lives more comfortable. Indeed, I believe that
.some of them do not set up their lands to auction. I know that the
Earl Fitzwilliam, in one county (Wicklow), and the Marquis of Hertford,
in another (Antrim), act upon enlightened and liberal principles ; for
although their leases generally are only leases for one life, and twenty-
one years, the tenant in possession well knows that, upon a reasonable
advance, merely proportionate to the general rise of the times, he will
get his farm without ruck-rent or extortion. But I say that the per-
manent abeentees ought to know that it is their interest to contribute
every thing in their power, and within the sphere of their extensive in-
fluence, towards the improvement of a country frotr* whence they de-
rive such ample revenue and solid benefits. Instead of doing so, how
do many of them act? They often depute their manager upon the
graiiujury of the county. "JV* manager gets his jobs douc v»itU>ul
SELECT SPEECHES OF
question or interruption ; his roads, and his bridges, and hia park walla
— all are conceded.
*' For my part, I am wholly at a loss to conceive how those perma-
nent absentees can reconcile it to their feelings or their interests tc
remain silent spectators of such a state of things, or how they can
forbear to raise their voices in behalf of their unhappy country, and
attempt to open the eyes of our English neighbours, who, generally
ipeaking, know about as much of the Irish as they do of the Hindoos
Does a visitor come to Ireland to compile a book of travels ? What is
his course ? He ia handed about from one country gentleman to another,
all interested in concealing from him the true state of the country ; he
passes from squire to squire, each rivalling the other in entertaining
their guest — all busy in pouring falsehoods into his ears touching
the disturbed state of the country and the vicious habits of the people.
" Such is the crusade of information which the English traveller sets
forward, and he returns to his country with all his unfortunate preju-
dices'doubled and confirmed* in a kind of moral despair oftlie welfare
of such a wicked race, having made up his mind that nothing ought
to be done for this lawless and degraded country. And, indeed, such
an extravagant excess have those intolerant opinions <»f the state of
Ireland attained, that I shall not be surprised to hear of some political
projector coming forward, and renovating the obsolete ignorance and
the prejudices of a Harrington, who, in his * Oceana,' calls the people
of Ireland an untam cable race, declaring that they ought to be exter-
minated, and the country colonized by Jews ; that thus the state of
this island would be bettered, and the commerce of England extended
and improved.
" Gentlemen, I will tell you what these absentees ought particularly
to do. They ought to promote the establishment of houses of refuge,
uouses of industry, and schoolhouses, and set the example, upon their
own estates, of building decent cottages, so that the Irish peasant may
have at least the comfort of an * English sow;' for an English farmer
would refuse to eat the flesh of a hog so lodged and fed as an Irian
peasant is.
"Are the farms of an English landholder out of lease, or his cottages
in a state of dilapidation ? He rebuilds every one of them for his ten-
ants, or he covenants to supply them with materials for the purpose
But how are matters conducted in this country ? Why, if there is 9
house likely to fall into ruins upon an expiring lease, the new rack-reiu
tenant must rebuild it himself; and can you wonder if your plantation*
are visited for the purpose, if your young trees are turned into plough
handles, spade handles, or roofs for their cabins ? They are more thui.
Egyptian task-masters, who call for bricks without furnishing a supplj
of straw. Again, I say, that those occasional absentees ought to come
home, and not remain abroad, resting upon the local manager, a species
of ' locum tenens' Upon the grand jury. They should reside upon their
own estates, and come forward with every possible improvement for the
country.
" I do not suppose that you should expect any immediate amendment
DAXTRT, OCONTTTXL, ESQ., IT. P.
or public benefit from the plans suggested for the education of the poor
It i.s in vain to flatter yourselves that you can improve their minds if
you neglect their bodies. Where have you ever heard of a people de-
*irous of education, who had not clothes to cover them, or bread to eat?
1 nave never known that any people, under such circumstances, had any
appetite for moral instruction.
« So much, gentlemen, for landlords, permanent and occasional ab-
sentees. You should begin the necessary reformation. You now enjoy
somforts and tranquillity, after seasons of storm, and fever, and distur-
oance. The comparative blessings of this contrast should make you
anxious to keep your county tranquil. . If your farms fall out of lease,
set them not up to be let by public auction — encourage your tenantry
to build comfortable dwellings for themselves— give them a property iu
their farms, and an interest in the peace of the county. These are the
remedies for the discontents of the people; they will be found muds
better than the cord and the gibbet.
*********
" Gentlemen, this subject brings me to a consideration of the magis-
tracy of the county. Of these I must say that some are over zealous ;
others too supine. Distracted into parties, they are too often governed
by their private passions, to the disgrace of public justice, and the fre-
quent disturbance of the country.
" Here let me solicit your particular attention to some of the grievous
mischiefs flowing from the misconduct of certain magistrates ; one is
occasioned by an excessive eagerness to crowd the jails with prisoner's,
and to swell the calendars with crimes. Hence, the amazing dispro-
portion between the number of the committals and of the convictions
— between accusation and evidence — between hasty suspicion and actual
guilt. Committals have been too frequently made out, in other coun-
ties, upon light and trivial grounds, without reflecting upon the evil
consequences of wresting a peasant (probably innocent) from the bosom
of his family — immuring him for weeks or months in a noisome jail,
amongst vicious companions. He is afterwards acquitted, or not pro-
secuted, and returns a lost man in health and morals, to his ruined and
beggared family. This is a hideous but common pfcture.
" Again, fines and forfeited recognizances are multiplied, through the
misconduct of a magistrate. He binds over a prosecutor, under a heavy
recognizance, to attend at a distant assizes, where it is probable that
the man's poverty or private necessities must prevent his attending.
The man makes default ; his recognizance is forfeited ; he is committed
to the county jail upon a green-wax process ; and, after long confine-
ment, he is finally discharged at the assizes, pursuant to the statute ;
and from an industrious cottier, he is degraded, from thenceforth, into
a beergar and a vagrant.
" Other magistrates presume to make out vague committals, without
specifying the day of the oflence charged, the place, or any other parti-
cular, from which the unfortunate prisoner could have notice to prepare
his defence. This suppression is highly indecorous, unfeeling and
unjust ; jwid it deserves upor every occasion, a severe reprobation of the
4SG BELECT SPEECHES OF
«nagistrfcte, who «'hus deprives his fellow-subject of his rightful oppor-
tunity of defence.
" There are parts of Ireland, where, from the absence of the gentle-
men of the comity, a race of magistrates has sprung up, who ought
*ever have borne the king's commission. The vast powers entr
lo those officers, call for an upright, zealous, and conscientious discharge
«»f their duty.
«v* * * * * * w
" Gentlemen, the judge whose duty it is to pass the presentments can
be of little service towards detecting a 'job. lie has no local know-
ledge ; he knows not the distances, the rates, the state of repairs, or
the views of the parties. He may, indeed, suspect the job, and tear the
suspected presentment ; but he may tear inadvertently that which is
useful, and let the job pass. Therefore for the sake of the county, do
as Mr. Bagwell did at Clonmel. Begin the reformation, and discoun-
tenance firmly all parcelling of 'jobs.'
" Gentlemen, when I visited the House of Industry at Clonmel, which
is liberally and conscientiously conducted by an association, consi.Min-
of persons of every religious persuasion, with the Protestant parson and
the Catholic priest at their head, never did my eyes witness a more
blessed sight. I immediately asked : * What do you pay to the matron
and to the manager ?' The sum was mentioned : it was small. * I sup-
pose,' said I, ' it is no object of a county job ?' Mr. Grubb — the bene-
volent Mr. Grubb— smiled, and said, ' You have hit it, my lord— that
is the fact!'
" But there is one remedy that would, in my estimation, more than
any other, especially contribute to soothe the minds of the discontented
peasantry, and thereby to enable them patiently to suffer the pressure of
those burthens which cannot, under existing circumstances, be effectu-
ally removed — I mean the equal and impartial administration of jus
tice — of that justice which the rich man can pursue until it be attained
but which, that it may benefit the cottager, should be brought home t«i
his door. Such an administration of justice would greatly reconcile
the lower orders of the people with the government under which they
live ; and at no very distant period, I hope, attach them to the law, by
imparting its benefits and extending its protection to them in actual
and uniform experience.
" Gentlemen, if you ask me, * How may this be accomplished Y \
answer, ' By a vigilant superintendence of the administratiim of justice
at quarter sessions, and an anxious observance of the conduct of all
Justices of peace.' Perhaps the commission of the peace in every
county in the kingdom should be examined. In seasons of popular
commotion, under chief governors, all acting, unquestionably, with g(»od
intentions, but upon various principles and different views, it is no4
improbable that many men have crept into the commission, who, hoircrer
imefal they might occasionally have been, ought not to remain. The
ncetly adventurer ; the hunter for preferment ; the intemperate z&tlot ;
Vic trader in false loyalty,' the jobbers of -ibseniees; — if any of these
.<tuio(>* '.escr'i;U».iis of individuals are uow to be found, their
UANIEL O'OOXNELL, ESQ., M.F. 437
diould be expunged from the commission ; and if such a mode of pro
ceedings should thiii the commission, vacancies might be supplied, by
soliciting every gentleman of property and consideration to discharge
lome part of that debt of duty, which he owes to himself and the coun-
try, by accepting the office of justice of peace Should their number
be inadequate to supply the deficiency, clergymen long resident on their
benefices — more inclined to fellow the precepts of their divine Master,
by feeding the hungry and clothing the naked Catholic (although adher-
ing to the communion of his fathers, he should conscientiously decline
to receive from him spiritual consolation) : not harassing and vexing
him by a new mode of tithing, and an increase of tithes ; not seeking
to compensate the dissentients from the communion for the income he
derives from their labour by showing a regard for their temporal wel-
fare ; attached to their Protestant flocks by a mutual interchange of
good offices, by affection and by habit. Such a man, anxiously endea-
vouring not to distract and divide, but to conciliate and reconcile all
aects and parties, would from his education, his leisure, his local know-
ledge, be a splendid acquisition to the magistracy, and a public blessing
to the district committed to his care. Men of this description are
retired and unobtrusive ; but I trust, if sought after, many such may be
found.
«• Persons there have been of a sort differing widely from those I have
described. These men identify their preferment with the welfare of the
Church ; and if you had believed them, whatever advanced the one,
necessarily promoted the other. Some clergymen there may have been,
who, in a period of distraction, perusing the Old Testament with more
attention than the New ; and, admiring the glories of Joshua, the son
of Run, fancied they perceived in the Catholics the Canaanites of old ;
and, at the head of militia and armed yeomanry, wished to conquer
from them the promised glebe. Such men, I hope, are not now to be
found in that most respectable order ; and if they are, I need scarcely
;xld, they should no longer remain in the commission."
The necessity of hastening with onr task compels the omission of several details of the
anti-veto agitation, and reduces ns to the summary statement of the proceedings on thw
nuy an address, pompously announced M from the Catholics of England, to Bin HoM-
008 the Pope, made its appearance in the public papers. Its tenor was unhappy and
unworthy, containing, as it did, unequivocal manifestations of the spirit of compromise and
surrender and landing, in unmeasured rescripts, the spirit of Quarantotti.
Almost at the eame moment came the intelligence of the disclaimer of the rescript ty
the authorities in Rome. Cardinal Gonsalvi, deputed by the Pope, drew up and published
this disclaimer, denying the authority of Monsignor Quarantotti to issue it ; ami announ
cine his- dismissal, and that of his colleagues in the act.
-The late venerab'e and much-beloved Archbishop of Dublin, Doctor Murray-then coat!
'ntor to his predecessor in the see, the Most Reveieno Doctor Troy-was at the time upor
... mission in Rome, on matters relative to this subject, in company with the Ri^ht Revere
''^latter justly-eminent prelate had, as we have Been, both byword and deed, Ion*
before made the most «ap>8 "nrt ebwdant amende fi-tho «<aar-W pf*** into ?*fet
SELECT SPEECHES OF
oe had been led by the .-mrreptitioosly- published resolves of the terrified little meeting of
Irish prelates in 1799. lie had, aa wo hare also seen, carried his anxiety to make repara-
tion so far as to have brought upon himself tlxe bitter and scandalously-irreverent h.
of the English vetoisu, but did not consider he had yet done enough. Accordingly, !
Joyfully assented to the joint mission lo Rome ; and, when there, laboured indefatigably
jo undo the miserable intrigues of which some of the high ecclesiastical dignitaries in that
dty had become the victims.
Meantime, whatever differences ban at first existed Among the prelates at home, as to
the terms in which their rejection of ^uarantotti's rescript, aad the " orrangcmtntt" it
Involved, should be finally made known, were fact disappearing, as the Catholic body, led
ty the clergy, protested more and more energetically against the observance of any me*-
mre in dealing with the obnoxious and detestable propositions. The year 1815, on which
(re are now entering, saw an end for the time to the base hopes entertained by the bitter
tuemies of Irish ecclesiastical independence.
MEETING AT LORD FINGAL'S.
Tu« year 1814 closed aioid considerable gloom, in so far as related *x> the political prospects
of the Catholics. The Board had been pat down; and though some rash beads had »nsj
gcsted resistance to the illegal and unconstitutional act of the Lord Lieutenant in pro-
claiming against it, the wiser leaders declined entering into what could bv at best only a
bccrless struggle with an unscrupulous aad powerful government, and might easily become
one of sad disaster and bloodshed. <•< thing, however, was farther from their minds than
•a desist from all exertion ; and the autumn and winter were passed by them in attendee
/neetlng* in the prcviuora. and half-private consultations on Catholic affairs in Dublin.
Their firmness was, however, sorely tested by the faint- heartedness of many, aud th«
false-heartedncM of some, amongst the men who had hitherto been prominent with them in
Catholic affairs. Nor did the conduct of those who had taken on themselves to be the patrons
«f the CMholics in parliament by any means tend to lighten the heavy pressure of impend-
ing difficulties. The unworthy quibbling* and cavillings of these parties— the undeserved and
scinewhat arrogant taunts and reproaches in which they indulged— and, finally, theirmNer-
ftble coquetting for popular applause, after first wantonly affronting popular opinion, made
the Catholics consider any assistance derived from them as dearly and sorely purchase!
atdeed.
The Dublin meetings were but cf a few persons in a drawing-Joom of Lord Fingalr resi-
dence in Dublin. . The press not being admitted, nor, indeed, anything like general access
given, they speedily received a nidtnamt, being designated as the " CaUtvlic Jivan." Mr.
O'Counell, however, succeeded in procuring a mitigation of the rule of exclusion, dnriug
the brief period that the " Divan" survived his return to town for the winter season.
On the 10th January, 1815, at one of these little snug meetings Mr. Shiel brought forward
a long, and, so far as language want, a well-written form of petition to be adopted by the
Catholics. Mr. O'Connell, however, took several objections to it, and an animated and
»mewhat sharp discussion ensued.
Mr. O'Connell « objections began with the very first paragraph, in which there was much
juudution of the " ycnerotity and liberality" of the British parliament The exhibition, or
txiAtence of these attributes, he totally and entirely denied ; and would oj pose the petition
if on this ground alone.
But far weightier reasons for objection remained behind. In a subsequent ptragrapb,
Mr. Shiel would have made the Catholics declare that, " in seeking capabilities for constit u
tlonal distinctions, they must proportionally come within the sphere of constitutional inrtu-
nice and control," and when pressed for eiplar.ation of his tract meaning, adiuttr*- '
DANIEL O'CONNELL, ESQ., M.P. 439
ha meant to allude to the power the government might acquire by distribution of patronage
•a^g the Catholics.
This paragraph was indignantly scouted at by Mr. O'Connell and others present
Another, equally objectionable, met the same fate. Its tenor was confessed by Mr. SheH
to have been directed towards the leaving of a loophole open ; for the proposal, at some
future time, of "wcurtVy" measures of one kind or another.
A statement that Pitt had been favourable to Catholic claims, was flatly contradicteu ,
and, finally, the petition as a whole being put to the vote, was negatived, and Mr. O'Con-
nell and some others requested to act on a committee to provide a substitute fit for general
adoption.
On the 17th there was another meeting at Lord Fingal's.
MR. O'CONNELL said that it was his duty to report to the sub-
committee, to whom the various petitions had been submitted.
It was easy matter to make the report, as it consisted in the simple
statement, that they had rejected all the petitions, and were un-
able to agree on any other. Indeed, there appeared to be a radical
and decisive difference of sentiment between the members of
the sub-committee, which evinced itself upon a point of vita)
importance. It was one upon which, for his part, he never couM
make any concession.
Having failed in coming to any agreement on the subject of a
petition, the sub-committee directed its attention to the other
part of their duty — the preparing resolutions to be submitted tc
the aggregate meeting; but here, in the very first step, dissension
was introduced ; although, for my part (said Mr. O'Connell), I
have taken every possible precaution to obviate the cause of any
difference of opinion.
The first resolution which I have to propose is one that has
been already four times adopted ; it is —
" That we do renew our earnest petitions to the legislature for the
total and unqualified repeal of the penal statutes, which aggrieve and
degrade the Catholics of Ireland."
I now offer this resolution to this meeting, and I should merely
state, that it is one in which every individual present, including
you, my lord, has publicly and repeatedly concurred — that it
has been the preface to all our petitions since 1808. I should
content myself with this statement, but that my friend, Mr. Sheil,
has already announced his intention of opposing this resolution,
unless the word "unqualified" be omitted, and has announced,
as if with effectual authority, that a new secession will take
place, unless we agree to alter the language of our petition and
resolutions. This object is plain and undisguised. It is by
changing our language we evince to the legislature that our sen-
timents are altered, and thus most significantly call on them to
* for our religion. I know not what, vetoistical arrangements.
140 SELECT SPKECHF8 OF
Tf w? refuse, and refuse we certainly shall, he has pronounood
Mir punishment, a new secession.
Allow me, therefore, to justify the gentlemen with whom 1
have acted, and let me show that, if this resolution creates a ne*
secession, it will only betray the inconsistency of those whc
secede. In our endeavour to promote conciliation, and procure
unanimity, it became necessary to ascertain the causes of the
secession. I found, my lord, that the Catholics had acted toge-
ther until the summer of 1813. It was then the secession com.
menced. The cause of that secession was alleged to be the in-
troduction of extraneous topics — topics unconnected with our
petition. I have your express authority, my lord, in stating
this to be the cause of Recession. We had all gone together to a
certain point ; — that point was the introduction of extraneous
topics in 1813.
Taking, then, this open and only avowed cause of secession, it
seemed easy to produce unanimity. The seceders had agreed
with us upon certain subjects. We readily consented to confine
all our present proceedings to those subjects on which all parties
had before agreed. To this we have pledged our faith : let us
see whether a similar fidelity will be observed towards us.
The resolution which I propose was adopted in substance in
1 809. In 1 81 0 we unanimously agreed — all parties agreed, and
published the resolution —
" That, as Irishmen and as Catholics, we never would consent to any
interference on the part of the Crown, or the servants of the Crown,
with the nomination of our bishops."
You. my lord, and all the seceders, went with us in 1809 and in
1810. In 1811, the identical resolution which I now propose
was passed at an aggregate meeting. You, my lord, were in the
chair. It has the sanction of your approbation. You and the
seceders continued to act with us. In 1812 this resolution was
vgain passed. You, my lord, and the seceders continued to act
«eith us. This resolution passed again in 1813. You, my lord,
»nd the seceders continued to act with us for many months af-
rerwards ; and until the memorable vote of thanks to the bishops.
At all those times this resolution passed unanimously; and now,
because we wish to repeat the usual form ; because we repeat a
resolution so often unanimously adopted ; there is to be a seces-
•ion again ; — that is, you will all secede because we use your
nwn language for the fifth time— vuu having already used it four
times!
It is better to be manly at once. Let the truth be told : tL*
DANIEL O'UO.NXELL, ESQ., M.
44 i
acceders were not candid when they resolved on unqualified
emancipation. They theu desired the veto : they still desir^t
LC pretences of extraneous topics and of intemperanc^ "of
language belaid aside; let the fact be avowed: we will meet
fc boldly. We are ready to give up every matter of form ; we
are ready to sacrifice every thing except principle. We most
ardently desire unanimity; but if the late seceders will retract
their words for the sake of the veto, and claim only a qualifier!
emancipation, the sooner they secede again the better, and the
division must be perpetual ; for we, at least, will be consistent
AND NOW, AND FOR EVER, SHALL REJECT ANY PARLIAMENTARY BOON
FOR THE SACRIFICE OP OUR RELIGION AND LIBERTY !
I do therefore move the resolution as unanimously adopted
the Earl of Fiugal in the chair — on the 9th of July,' 1811.
MB. POWER, of county Waterford-" Do you mean to say that you will not accede to any
ecclesiastical arrangements ?"
MR. O'CosfftKLL- "Certainly. I mean to ask for our emancipation without any qualifi-
cation of our religions opinions."
MR. POWTO— " Then I will not agree with' your resolution."
EARL Fi*o*t— " I agreed to these meetings on the supposition of an honourable unde
standing between us, that no religious subject* should be introduced, but that we should
confine ourselves solely to a petition for our civil immunities."
MR. O'CosxilL— " My lord, that is exactly what I wish. I desire that we shall receive
emancipation without reference to our religious opinions, and without subjecting our reli-
gion to the control of a Protestant parliament"
After some general observations from several gentlemen on this part of the subject,
Mr. SHBIL addressed the meeting at considerable length against the introduction of the
words " unqualified emancipation."
His views, which may be gathered from the statement we have given of the nature ot
the leading paragraphs in the petition he lyid seen rejected at the preceding meeting, were
supported eagerly by some, and as warmly opposed by others.
Some of thOOT who agreed with Mr. O'Connell having repeated his exhortations to end
these unpleasant and irritating discussions by some steps towards that union of sentiment,
the want of which would paralyse their efforts in the cause,
MR. SUKIL said it rested with Mr. O'Connell and his friends to procure that union. Won!*
they give up that solitary word, " unqualified," and then there would be a certainty of union ?
MR. O'COIOJKIJ, — "So, then, the only chance the gentlemen would give us for obtaining
union rests upon our abandoning a word which has been used at every Catholic meeting
tn Ireland.*
He accordingly entirely refused to omit the word so obnoxious to Mr. Sheil, and, soon
after, the meeting came to a division, when there appeared nine for Mr. O'Connell's vie.v
of the case— Messrs. Segrave, N. Mahon, M'Manus, O'Brien, O'Hara, Blake, and Lyonfc,
with himself, and three against it, viz., Messrs. Shiel, R. M'Donnell, and Lube.
Another committee was then named, and the meeting adjourned,
On the 21st of January, Mr. O'Connell reported to a meeting at Fitzpatrick's in Capd-
street, that all that had been done was to pass a resolution, that a petition should be pre-
seatnd, leaving it open to discussion what that petition should b<8, and also the point a* t»-
who should be called upon to present it to parliament.
Considerable discussion ensued upon the latter point, some being for agm'n entrusting j-.
to Lord Donoughmore in the Peers, and Mr. Grattan in the Commons, while others agreed
•*•— • "M Duke of Sussex should be chosen in the Lords, and that in the Commons >u«o*
2F
, ij! SELECT SrKECHK.i OF
the tliree following, viz..— Wliitbread, Rorallly. and Uonier, ought to be selected, as roun*
steady, considerate, and kind towards the Catholics, than their Irbh friends among tfao
members had of late shown themselves.
It was nearly resolved that the choice should be made Mlast mentioned, when Mr. Lid-
will, a Protestant gentleman Of property la the county of Tlpperary, and a long time «
zealous labourer in the cause, made a long and effective speech, advocating the entrurtin*
the petition to the same hands as before.
Those whom his reasoning did not con\ince, gladly yielded oat of compliment to htm,
and withdrew their opposition to Lord Donoughraore and Mr.'Grattaa.
On the 24th of January the following scene occurred :—
"The aggregate meeting of the Catholics of Ireland was he.d on Tuesday last, in Claren-
don-street cbapeL
" Shortly after one o'clock, the chair wu taken by the lineal descendant of the last monarch
cf Ireland, Owen O'Connor (O'Conor Don.)
" Lord Flngal appeared at the meeting, 'and was offered the honour of sitting In the chair.
His lordship, however, declined it, stating that he did not conceive the tenor of the resolu-
tions conformable to the plan of proceeding laid down on his re-uniting himself with.th*
6ody.
"It was, he imagined, agreed that no topic should be introduced touching on spiritual
matters, as the result of the mission to Rome bad not yet been known. Ihe resolutions, a*
fur as he understood them, little accorded with this determination. It would not then, he
eonftnded, be doing justice to hi* own opinions, If he had been a party to the proposition
or adoption of those resolutions.
"That he might be able to give this explanation personally, he obtruded himself on the
meeting. HA thought. In fact, that his ncme should not have been signed to a requisition
calling a meeting, at which he did not wish to act, without some description of rrlslrHm
menu Oe hoped he need not assure the assembly, that whether he decided erroneously
cr not, be, at all events, acted with good intention. Without doubt, he could be most
proud of the honour of filling their cluir ; but h*j could never, think of accepting It, If tl*
act were not sanctioned by a sense of what he owed to his own consistency
" After this there was a pause of several seconds, as all thought that the noble lord intended
to take the chair.
" At length Mr. Mahon rose, and in an address which did great credit to his bead and his
heart, he conjured the noble lord to alter his opinion, ant! concede to the unanimous wishee
of the whole assembly.
" He could not be persuaded that there was anything In the resolutions which could claan
with his lordship's sentiments. It was true that he opposed an Intermeddling with spirt-
tual matters. • But, good God, «dd Mr. Mahon, * what has a simple demand of unquali-
fied emancipation to do with theological controversy r
" Lord Flngal protested that his mind was made up upon this matter, and begged that he
may not be pressed further. He was not wedded to any particular mode of emancipation
—he was not pledged one way or the other— bat he thought It was agreed Chat nothing
should be said on questions of church discipline, until some official communication was
had from Home ; and as he conceived that gentlemen did not recognise this arrangement
by the measures they proposed, he thought be was called upon to remain neutral**
MB. O'CoNNKLL said, that so much had fallen from Lord Fingai
both now and on a former occasion, respecting a contract or com-
pact, that as a party to the late proceedings, he felt himself bound
to make a few observations on that subject
And first he must distinctly and emphatically deny that he
ever was a party to any compact which could directly or indi-
rectly tend to sanction any alteration by parliament in our
DANIEL O'CONNELL, ESQ., M.P. ' *4;l
ecclesiastical concerns. He never heard that any such compact
existed.
For my part, said he, the understanding which 1 conceived
to exist was, that we should so petition parliament, that we
should not, neither should the legislature, if we could pre-
vent them, enter into any arrangements respecting the discipline
of our Church ; but that we should either be emancipated, just
such Catholics as we are, or continue in our present state, as in
both religion and rights.
For this purpose, and to exclude discussion, I took up a reso-
lution which prefaced all our petitions for seven years ; a resolu-
tion adopted, sanctioned, and confirmed repeatedly by the noble
lord himself. It was a resolution to ask for unqualified emanci-
pation. The noble lord and his friends immediately dissented ;
they said that resolution meant a rejection of the veto, and they
insisted it should be so altered, and so modelled as to strike
out the word " unqualified," and let in " vetoism ;" and then,
mark what must appear a strange mistake, they most consistently
accused us of having started a discussion upon this forbidden
cubject 1
First, they objected to the usual language of our petitions ;
and then they accused us of creating the discussion which their
own objection produced ! !
This dilemma was immediately produced. We asked for
unqualified emancipation, as we had always hitherto done. By
doing so, said Lord Fingal, you introduce ecclesiastical subjects,
and break the compact. Next, his lordship would alter the
usual course, and ask for emancipation, leaving to, and thereby
inviting, the parliament to qualify it ; that is a direct introduc-
tion of ecclesiastical subjects, and the alleged compact is thereby
plainly broken. So that this alleged compact amounts to this —
that, in either cases, it must be violated. There are but two
courses, and in either of those courses, this compact, as understood
by Lord Fingal, must be broken. That is infallible. If we use
the old words, with the old meaning, his compact is broken ; if
he uses new words, he must clearly have a new meaning, and then
his compact is equally broken. There is but one way of avoiding
the violation of his lordship's contract, that is, either by finding
out words to use in our petition, which have no meaning, cr to
petition without using any words at all.
Having then shown how impossible, it was for us men, haying
some small share of that acuteness so necessary for our profession,
to understand the -implied compact on which we met, as his
444 SELECT SPEECHES OP
iOrdship understood it, I will state to the public what I conceited
was our agreement. .
We agreed to abandon all intemperance, though, God knows,
it is not easy for those who feel for Ireland's wrongs to keep
their temper. We agreed, first, to substitute mildness for any
intemperance ; secondly, to forget the wanton attacks of our
enemies, and not to retort by any personal abuse ; thirdly to
confine ourselves to our petition, to the exclusion of all other
topics ; and fourthly not to agitate religious subjects.
The last point was the only one difficult to be managed.
We were sure we had overcome the difficulty, for we adopted the
noble lord's own words, his often repeated words : — " My God !
how can we have differed with him I" Here are his own words !
Yes, he objects, he dissents, and he threatens to secede. Why ?
because we use his own words. By what ingenuity — by -what
magic could we procure unanimity ? We sacrifice everything.
We submit to imputations which I cannot but say are unfounded,
and adopt the language of the noble lord himself, and our return
is a new dissension.
He who runs may read the truth — a purchase of emancipa-
tion, AS THE PRICE OP RELIGION, 18 the plain object.
It may be disguised, but it now obtrudes itself toe forcibly
not tc be visible to the dullest eye. I desire unanimity, I have
endeavoured to obtain it, but I now disclaim it for ever, IP IT BF
NOT TO BB HAD WITHOUT THIS CONCESSION.
/ unit for ever divide with the men who, directly or indirectly,
consent to VETOISM OF ANT DESCRIPTION.
After this distinct avowal, will the noble lord be pleased to
accept the chair 1 Let him only recollect, that he is most impor-
tant, most valuable, whilst he remains at his natural post — the
head of the Catholics. But if he choose to give our enemies this
triumph, let him refuse, and, although we know his value, an/i
shall regret his refusal, the Irish Catholic people are too great to
feel the loss.
Lord Flngal declared himself distressed at being obliged to declare that he would
*»trape his own feelings if he consented to take the chair, under all the circumstances ol
fiie case. He did not presume to say he waa right, bat h* could cot surmount the difflcul
ties which his opinions had thrown in bis way.
Lord Fingal departed from the a«e«mbly. and the O'Conor Don rwmained, therefore,
in the chair. A letter was read from Lord Donoughmore, the tone and sentiments of wKJd
met high approbation.
Some other gentlemea htMng spoken, Mr. Udwill (before mentioned) roee and d*ii.-»pw6
a rery able speech, entirely aequleedn? in Mr. O'Connell's riewa. TCien he had osmdwiM.
Ue latter came forward to speak again :—
H« began by declaring, that he never addrew^d wij auditory
DANIEL O'CONNELL, ESQ., u.p. • 445
with so much depression of heart. He felt chilled to the verv
jcml at the mournful contrast this day exhibited between the
Protestant and the Catholic. The Protestant gentleman who
had just spoken, the Protestant nobleman whose letter had been
read, were both deeply anxious for the character and liberty oi
the Catholics— whilst the Catholic nobleman coldly departed
from the cause oPhis children and his country, because his fel,
low-labourers would not consent to that which Lord Donou<*h-
more so gently called a degrading stipulation!
But the mental inferiority of the Catholics was easily ac-
counted for — they are slaves. The Protestant superiority was
easily traced to the share which he had in the British constitu-
tion. Whilst the Catholic crouched in thraldom, the Protestant
tasted the air of freodou., and his mind acquired the energy and
elevation which liberty alone can bestow !
This was a source of many a bitter reflection ; the scene that
had taken place there that day, the new dissension announced
and carried into effect, the war proclaimed against Ireland and
her people — all conspired to weigh him down with sorrow. Yet,
there does (said he) exist some consolation ; I derive some com-
fort from these melancholy events. One of the two great objects
I had in view has ompletely succeeded ; the cause of Catholic
division is now nnaifest. My first object was to procure una-
nimity ; that indeed has failed, after I had made every effort to
attain it, except the sacrifice of principles. My second great ob-
ject was, that if we were to remain divided, the cause of our di-
vision should be plain, clear, and simple.
The division, the secession has been attributed to our violence,
our personal sarcasms, our introduction of extraneous topics. I
myself believed, that these were, at least, partly the real causes ;
but all these were cheerfully, readily, and at once abandoned by
as ; and the cause of secession is now, as I anxiously desired it
should be, plain, clear, and simple.
That cause is our seeking UNQUALIFIED EMANCIPATION. Here,
now, is the single cause. If we expunged the unqualified, if we
consented to take qualified emancipation, we should have no se-
cession, no division ; my Lord Fingal would preside in that
chair ; there would be unanimity. The quarrel is reduced to a
single word— but, certainly, a word pregnant with meaning—
unqualified.
Now, I rejoice that all the pretences upon which diyiitai was
justified, have thus vanished. The truth is at length told.
When the seceders recommended to us nwderalton, the English
446 SELECT SPEECHES OF
of moderation was the veto; when they accused us of violence,
they meant that wt scorned a barter of our religion! And when
they charged us with " agitating extrinsic topics" they mean!
that we had too strongly resolved never to allow a hostile inter-
ference with our Church. The secedere have now thrown off all
disguise, and though some of them may deceive themselves, no
other honest man can longer be the dupe of their artifices. \\\
have now parted with the seceders on principle, and unless thej
return to that principle, may their secession be perpetual.
I must blame the want of candour of those gentlemen. Thc\
are tor qualified emancipation. To qualify, is a technical word
of familiar meaning. In Mr. Shaw Mason's book, one worthy
divine boasts he was so powerful a theologian in his youth, that
no less than 136 Papists qualified under his auspices in five
years ; but that since 1778, he lost his talent for coutrov.
and not one Papist could, since the statute of that year, be pro-
vailed on to qualify. This reverend gentleman is still living,
and ready to give qualified emancipation to all our seceders.
Let them betake themselves to him, and leave us to seek the
only emancipation to which, as Catholics, or as Irishmen, we
will ever consent — UNRESTRICTED, UNQUALIFIED, UNCONDITIONAL.
If the veto, if the interference of the Crown with our religion,
were a question exclusively religious, I should leave it at once
to the bishops. But it is infinitely interesting as a political
measure. It is an attempt to acquire, without expense, an in-
fluence greater than any the minister could purchase for millions.
Who is there that does not feel the vital, the pressing danger to
liberty that results from ministerial influence 1 \Veoweitto
ourselves, and to the Protestants equally, to resist this conta-
gious interference ; and every duty that can urge a man to a
y ublic disclosure of facts, interesting to every class in the state,
calls on me to declare that there exists a conspiracy against the
religion of the Irish Catholics, and in its efforts, against the liber-
ties of all the Irish people ?
I state it as a fact, which I have from such authority as leave*
no doubt in my mind, that a negotiation is going on between
Lord William Bentinck, Lord Castlereagh, and Cardinal Gon-
snlvi, one result of which is intended by the two former to be,
the concession to the minister of the British crown of an effec-
tual supremacy over the Catholic Church in Ireland ; and there
is every reason to dread that the cardinal waits only to get what
he considers an adequate compensation, before he accedes to tht
BMtsure.
DANIEL o'CONls-ELL, ESQ., M.?.
The restoration of part of the Pope's territories, still withheld,
is said to be the price offered by Lord Castlereagh ; but it is not
so clear that he has it in his power to *iake the payment. Be
sides, I do not think so unworthily of the Pope, as to believe
easily that he who resisted the favour of Napoleon will yield to
the seductions of Lord Castlereagh.
The danger, however, appears much increased, when we recol-
lect the exaggerated praises of England contained in the letter
from our prelates to the Pope. Can his holiness doubt the sin-
cerity of our prelates ? I know they regarded that passage as
the unmeaning language of compliment ; and if they had con-
sidered it as a serious -assertion of fact, they would have died
before they signed it. But. indeed, the lightness with which
such language was used by them increases much our peril ; as
it must inspire the Pope with that confidence in the English
government which he ought not to have. This danger, too, is
still augmented when we see the plain proof of the existence of
this conspiracy amongst ourselves. It can be defeated only by
vigilance, activity, and the animated and loud expression of our
abhorrence of the proposed measure.
Let our determination never to assent reach Rome. It can
easily be transmitted there ; but even should it fail, I am still
determined to resist. I am sincerely a Catholic, but I am not
a Papist I deny the doctrine that the Pope has any temporal
authority, directly or indirectly, in Ireland; we have all denied
that authority on oath, and we would die to resist it. He can-
not therefore, be any party to the act of parliament we solicit,
nor shall any act of parliament regulate our faith or conscience
In spiritual matters, too. the authority of the Pope is limited;
ti» cannot, although his conclave of Cardinals were to join him,
vary our religion, either in doctrine or in essential discipline, in
In™^ct. Even in non-essential discipline the Pope .cannot
vary U without the assent of the Irish Catholic bishop, Why
to this hour, the discipline of the general Council of Trent i » not
received in this diocese. I do, therefore, totally deny that Gon-
^alvi or Quarantotti, or even the Pope himself, can claim th<
^mission which the seceders proclaim gW^|
448 SELECT SPEECHES or
committed to their care, which commenced with the first, and is
destined to continue immutable, to the second coming of our
blessed Redeemer !
Yes ; as our former prelates met persecution and death witL
out faltering, the bishops of the present day will triumph ovei
the treachery of base-minded Catholics, and insidious ministers
of government !
Even should any of our prelates fail, which I do not and can-
not believe, there is still resource. It is to be found in the un-
alterable constancy of the Catholic people of Ireland. If the
present clergy shall descend from the high station they hold, to
become the vile slaves of the clerks of the Castle — a thing I be-
lieve impossible — but should it occur, I warn them in time to
look to their masters for their support ; for the people will de-
spise them too much to contribute. (Great applause followed
this sentiment.)
The people would imitate their forefathers ; they would com-
municate only with some holy priest who never bowed to the
Dagon of power ; and the Castle clergy would preach to still
thinner numbers than attend in Munster or in Connaught the
reverend gentlemen of the present Established Church.
Those are evils which we shall never witness. It would be
preposterous folly in any statesman to grant an emancipation,
which, instead of conciliating and quieting, would only alienate
and disgust still more the minds of the people. Indeed such an
emancipation could be thought of only in this age of deliverance.
At present there was a rage for delivery ; every thing and every
body, except poor Johanna Southcote, was delivered. Spain was
delivered to the beloved Ferdinand and the odious inquisition ;
Saxony was delivered to the King of Prussia ; the faithful Poles
*rere delivered to the magnanimous Alexander ; and Catholic Ire-
land 5s to be delivered to Duigenan, Saurin, and Peel ! ! !
The process by which this last deliverance is to be effectuated
is various, according to the tempers of the deliverers. There is
a Scotch plan — an English plan — aud the old Irith plan. The
Scotch plan has been announced by the Earl of Selkirk, and some
other worthies of Edinburgh, in advertisements containing the
most insulting calumnies. That earl and his associates proposed
to deliver the " wild Irish" by a plan of " education ;n and in
order that such a plan should infallibly succeed, the earl mag-
nanimously subscribed half-a-guiuea to carry it into effect
i laughter).
The English plan was still a wiser one ; they formed mis-
• J ANIEL O-CONNELL, ESQ., M.P 443
•nonary societies ; they had a mission to the islands of the South
Sea ; they had, as the perfection of human absurdity, a mis^on
to convert the Jews ; and they have lately established a mission
to convert the idolaters in Ireland !
But, notwithstanding the prudence of the Scotch, and tiir
boasted wisdom of the English, their plans have totally failed.
The only efficient plan was the old Irish one ! It was simple as
it was effectual ; it consisted merely in dissension ; its only opera-
tioii was to divide the people, and success was the certain result.
It had been successful for more than seven hundred years in Ire-
land. Irish dissension had hurled your ancestors, Sir, from a
throne ; it had reduced the chieftains and lords of the soil to the
state of vassals and slaves, and it continued their descendants
the inferiors, in this, their own — their native land, of every fo-
reigner that would perform the only condition required — the
swearing that the religion of Ireland was idolatry. This fatal
dissension was never to end — nay, it was proclaimed anew ; and
this very day the Earl of Fingal commenced a new secession.
(Here the Chairman interrupted by saying, that he was quite
convinced, that whatever Lord Fingal's conduct might be, his
motives were pure).
MR. O'CoNXELL resumed — I attributed no motives at all to
the noble lord. I merely stated a fact ; and in his absence, as
I could not discover any thing in his motives to praise, I should
think it quite unfair to censure. I stated the fact that my Lord
Fingal has again seceded from us. It is a melancholy thing to
see those wretched divisions perpetuated ; it is melancholy that
tiie few will not submit their judgment, upon matters of form
at least, to the many — for it is a matter of form that has taken
from us the noble lord ; because he, too, could accept, without
violating any principle, unqualified emancipation.
I know we are threatened with a renewal of the scenes of 1792 ;
but the men who would now contend against unqualified liberty
will never again muster sixty-eight ; they may muster some soli-
tary dozen, but, perhaps, not so many. The noble lord, respected
as he is in private life, when he retired from this meeting, took
with him just the number of Falstaff's recruits— only three and
a-half— (laughter)— and what are three and a-half in contrast
with five millions ?
Apathy and indifference can alone injure a cause sustained
by the wants and wishes of a people. Indifference in this case
is a crime— apathy is sacrilege. There exists abroad a conspiracy
iiist your religion and liberties ; at home, beware of treachery.
450 SELECT SPEECHES OF ,
Let us recollect that our pursuit is a real not a fictitious free-
dom— that our objects are not the paltry and personal emolu-
ments of place and power, but liberty for our country and our
posterity.
Let us ask this blessing as Catholics ; and spu rn it if offered
in any other form. Dissension, which weakens our strength,
should increase our zeal and exertions. I now confidently call
on every man who refuses to enter into a base traffic of his re-
ligion for place or power, to come forward in this cause ; and I
feel and know, that throughout the land the voice of the people
will be heard — the compromisers will sink into insignificance —
and WE SHALL HAVE THE GLORY OF ACHIEVING OUR LIBERTIES,
WITHOUT FORSAKING THE WORSHIP OF OUR FATHERS !"'
At upon this occasion, so throughout the many similar Juncture* of his eventful caree
Mr. O'Conncll showed that he, however anxiously, earnestly, and unwcaringly he could
and did labour to put an end to distensions, and bring conflicting parties in the popular
body to at least an outward unanimity, sufficient to prevent interruption or damage to the
common cause, he never allowed his anxiety for this end to carry him too far ; but boldly
met the ditBculty in front, and quelled it with a firm hand, when milder measures had not
barn successful.
THE CATHOLIC ASSOCIATION.'
We now come to the formation a " Catholic Auodation," thus announced in the journals
el the day :—
"There was a meeting in Co pel -street on Saturday, and some of the most distinguished
and opulent members of the Catholic community proceeded to act upon the resolution
passed at the aggregate meeting, which declares the necessity of forming some association
to undertake the management of such petitions or appeals to the legislature as may be
demanded by the continuance of the disqualifications which still so grievously harass the
body at large.
*• The ceremony of organization was very simple, and we trust folly consistent with
every real or imaginary provision of the Convention Act No chair was taken— no propo-
sition submitted— no instructions offered— no tpteen^catton even indulged in ; bat every
gentleman who choose entered bis name in a book, which Mr. Secretary Hay held upon
(and will continue to keep open from eleven till three each day j and ttie rites and so
leninities of Installation were then complete and ended.
• "The first meeting of the Aasodation will, we understand, take place on Saturday."
One of the first acts of this new body was to appoint a committee to take certain steps
relative to the "Veto" question, which will be beat described in the following report, pro
sented by them to the Association, at its meeting on Thursday JCth February, 1815 •.—
REPORT OF THE
COMMITTEE OF THE CATHOLIC ASSOCIATION.
Appointed February Utii, 1816, to vail upon the J/.-H Rev. Doctor Murray, in order to
atctrtain from him the fartt respecting any IMM*S*M that hat entted, or doet «•<*«,
rttpecting any arrangement o/ Catholic dadptine in Ireland, at sMSJiifi.f vith the Crown,
or the minuter* qfthe Croun,
M The Most Reverend Doctor MURRAY, having appointed the hour of three o'clock m tbf
afternoon of Wednesday, Ifth February, as the most convenient hour for meeting the tlept
DANIEL O'CONNELL ESQ., M.P. 45*
tnf.on of the Catholic Association, your committee waited upon his grace accordingly at
the aPP°inled k™r_lease(1 to open the interview by stating that he had received tlie letter
,an Owen O'Conor, Esq., intimating the objects of the deputation ; that he
8 „,. ;,,f,ir,v,Qtirm in his tinwprt at the same time that he lea
of the chaiman Owen O'Conor, Esq., intimating the obects o e epuaion ;
wXJ^SSXtion to give any information in his power; at the same time that he fell
Sn'To ob erve, that he could not admit that the Catholic Association could dam:
hi , SSJSSnS 5SS their desire as a matter of right, or that they possessed any authority
negotiations in 1799.
"To this your commit e assented. delegate from the Irish prelates
conrlctton that the opinions ofJh*V8Se^that when the opinion of the council should
452 SELECT SPEECHES OP
44 Your committee farther prayed his grace to inform them, whether Cardinal Gonsalrj
.'uul been authorised by his holiness to confer or negotiate with Lord Castlereagh oc the
wkj set of the rescript His grace observed, that he could not answer xor tuc ti
falsehood of every rumour ; he felt certain, however, that if any such instruction* wer»
given to Cardinal GonwtM, he must have been limited by certain defined principles, which
L* <r>old not violate or trespass upon ; and that any measures resolved on between him
and any English minister would be ultimately submitted to the decision of his holiness,
•v*v? v/ould be influence*! in that decision solely by spiritual considerations, which woa'.u
cot be effected by any opiniuna or desires of the British minister, or by any other temporal
afnnce.
* Tsar committee expressed unaffected re.uctance in intruding ao long upon his^racq
vho wt*» i.lcased to assure your committee, in the most gracious and confidential ferui*,
t::»t he felt sincere pleasure in communicating any information in his power to the
Catholic body ; and the more particularly as it was not probable that there would be a
meeting of the prelates at an early period. His grace concluded by assuring your com-
mittee that he would be always ready to communicate such information as h« may pos-
oess on any other subject upon which the Catholic body would please to consult him.
" Your committee cannot conclude their report without recording their testimony of the
very kind and courteous language and deportment of his grace during the mhoie of tueir
interview; and further, they deem it their duty humbly to suggest, that his grace is pre-
eminently entitled to the thanks and gratitude of his Catholic countrymen, for the readi.
ness which he evinced in meeting the desires of this Association."
"Thursday, 16th June, there was an adjourned meeting of the Catholics of Ireland held
at Clarendon-street chapel. At one o'clock the chair was taken, at the universal call of
the meeting, by Owen O'Conor, Esq. The chairman opened the proceedings of the day, by
stating, that in consequence of the resolution to that effect passed at the late aggregate
meeting, he had solicited an answer from Lord Donoughmore and Mr. Grattan, to the
question accompanying the petition of the Catholics of Ireland."
The letter of Lord Donoughmore was couched in terms that demonstrated a great anxiety
to meet the wishes and forward the views of the Catholics.
Mr. Grattan's letter was, unfortunately, not of the same tenor, as will be fathered from
the ipeech we are about to give. No circumstance could have given Mr. O'Connell more
severe pain than to find himself compelled to speak with censure of such a man as Henry
Grattan. But the Catholic body should be vindicated at all hazards and all cost
MR. O'CONNELL rose, and begged leave to read to the meeting
a second time, the letter from the chairman to Mr. Grattan, and
the reply of Mr. Grattan. He then spoke to the following effect : — .
I have, said he, a painful duty to perform ; but it is my duty
and I shall not shrink from the performance of it, however pain-
ful. The course to be pursued is sufficiently obvious ; and it is
necessary to recapitulate the facts, merely to place beyond any
cavil the propriety of those measures which the honour as well
as the interests of the Catholic body demand.
Mr. Grattan took charge of our petition last year ; he presented
it to the house, but he refused to discuss its merits. No reason
waa given for this refusal, other than the reason that silences,
though it cannot satisfy, the slaves of despots. It consisted
aiugly of the phrase " Stttpro ratione voluntas" We were deeply
impressed with the conviction that the discussion of our griev-
ances and claims in the last session — indeed, every session, could
produce nothing but advantages. Our cause is founded on eter-
nal justice and plain right ; therefore, so long as there remains
O'OONNEIA, ESQ., M.F.
one ^article of common sense amongst men, discussion must ad-
vanc* that cause. The Catholic Board called on Mr. Grattan to
brn* forward our question ; he again refused. The Board a
BecoSd time entreated of him to do so; he once more refused.
We then called another aggregate meeting, and that meeting re-
quested from Mr. Grattan a discussion. Strange to say, he stili
persevered in his refusal— a perseverance unexampled m the his-
tory of parliament.
It must be recollected that this unrelenting refusal on the part
of Mr. Grattan to move on our petition, was one adopted VXA-
out any consultation or concert with our best friends Lord
Donoughmore was in London, and yet he was not consulted. It
was determined by Mr. Grattan to postpone as long as he could.,
to one session, any chance of relief; and he came to this reso-
lution without the advice, or even the knowledge of our other
chosen advocate Lord Donoughmore. Thus, without concert,
Sit ^ration, we were doomed by Mr. Grattan to ano her
W of slavery, and also without the poor pleasure of rattling
™
the House of Commons You offered
him your petition upon tis con ,
discuss your P^088 *?±C "'teiMts your petition. You
any such agreement. H^e^hm. Vhe Catholic people
, indeed « W ekness seek another blow.
Mr. *
W SELECT SPEECHES OF
sent your petition. lie has taken his high station ; ho will
neither descend nor bend.
It remains for us to seek another advocate — an advocate less
brilliant in eloquence, but more suited to our views and wishes.
At this period it is doubly incumbent on us to make a prudent
choice. Mr. Grattan differs from us on the veto. He assented
to Canning's clauses, though he did not introduce them. If he
had accepted our petition, it would have been necessary to give
him information of the disgust and abhorrence produced by those
clauses. Wo should owe to ourselves and our religion, emphati-
cally to announce the detestation in which we hold any inter-
meddling with our Church. This and more would be neftrtssary,
had G rattan been our advocate ; but if this meeting were now
to retract, and to abandon their own judgment, and to select Mr.
Grattan, notwithstanding his letter, the consequences are obvious,
lie would refuse to receive any suggestions whatsoever ; and
then you who desire unqualified emancipation, would have your
advocate calling, in your name, for an emancipation which, in
your judgment, would only increase your slavery.
Good God ! oar any man imagine that Mr. Grattan would
Hud it possible to listen to us upon these matters of importance,
when he declare* it impossible to answer us upon a mere ques-
tion of time 1 The question we put to him was as simple as,
•' What is it. o'clock T— his reply, •' It is impossible for mo to
Answer !" Well, if he cannot condescend to answer as to the
hour of the day, what prospect is their of his being able to reply
t • more weighty questions? In short, he has taken his stand ;
he will answer no questions ; ho will receive no instructions ; he
rejects all blip illations ; and he disclaims the condition upon
which you offered, and the Earl of Donoughmore accepted, your
petition.
There cannot, therefore, be found in this crowded assembly
any Catholic sufficiently hardy to propose that we should retract,
and again offer our petition without a condition. (A general
try of " no, no !" for many minutes.) 1 know that no person
would hazard such a proposition, whatever powers of effrontery
he may possess ; nor do I accuse any man of entertaining such
MI idea.
You must have a new selection made ; you must have a man
selected who will consent to lay your grievances before parlia
nent this session ; who will consent to receive your instructions;
who, in short, will seek to obtain for the Catholics of Ireland
that which the Catholics of Ireland deserve, and not get up a
DANIEL o'COKNELt ESQ., M.P. 4-55
plan of his own, in which he may be the principal figure, raid
the Catholics secondary objects.
The advocate we want is a man who will require from parlia-
ment an emancipation that would quiet and content the people
of Ireland, and extinguish the heart-burnings and animosities
which at present rage in this country — not an emancipation
whicb would create more jealousy and disaffection, and embitter
our feuds, and increase our rancorous hostility to each other : —
an advocate, in fine, who would, from his heart prefer the eman-
cipation of Ireland to the emancipation of Mr. Grattan and Mr.
Canning. Such is the advocate we want ; and such an advocatu
may, I know, be found ; but alas 1 we must, I much fear, go tc
England to seek for him. We must seek for an Englishman,
for I know of no Irish member to whom you can now commit
your petition.
Let me not be taunted with this preference. I do not prefer
an Englishman as such. Oh, no ! My preference and my pre-
judices are altogether Irish. My heart, my soul, my feelings
are all — all Irish. My patriotism is almost exclusively Irish ;
and I remember the wrongs England has inflicted on my wretched
country, with a hatred doomed to be immortal and unrelenting.
But there is now no choice. Ireland was, in the last session,
abandoned by all the Irish members. She was flung at the feet
c,f Peel, to insult and to trample upon her as he, in his majestic
forbearance and wisdom, should think fit ; and, lastly, our Irish
patriots have found out that he is an Alfred— nothing less !
(Much laughing.)
Oh, it is sorrowful mirth ; but this is true ; Ireland was defended
only by Englishmen. There remained amongst them the still
unextinguishable flame of liberty, and they made a generous
effort to protect Ireland. May the best blessings of heaven be
poured upon them. Whitbread, and Herner, and Romilly, and
Grant, and others, fought for Ireland. We will find amongst
them an advocate suited to our purpose ; the cause and the
principle of civil and religious liberty will n«ver be scorned by
tlTcannot conclude without deprecating any declamation on
tao merits of Mr. Grattan. No man can be more sensible :.
, GnUan ttruggled andjouatijor
i.">6 SELECT SPEECHES OF DAXIEL O'COJTCELL, ESQ., M.I'.
remained. I know all this, and mo/re : and my gratitude
enthusiasm for those services will never bo extinguished.
But I know, too, that, to use his own phrase of another, uho
sv*as an oak of the forest, too old to be transplanted."
I see with regret, that except his services in our cause, he bus,
since the Union, made no exertions worthy of his name and of
his strength. Since ho has inhaled the foul and corrupt atmo-
sphere that fills some of the avenues to Westminster, there have
not been the same health and vigour about him. He seems to
have forgotten his ancient adorations. He supported the Insur-
rection Bill, and every future Peel has the authority of his
name to aid in outlawing Ipeland. He accused his fallen coun-
trymen of cherishing a French party. Alas ! he ought to have
distinguished between the strong anti-Anglican spirit which cen-
turies of oppressive government created and fostered, and any
attachment to the enemy of freedom. The very party whcm
he was induced to traduce, hated despotism as much in France
as in Russia or in England; and it assuredly had nothing French
about it.
But above all, Mr. Grattan has mingled the support of our
cause with the procuring for a Protestant ministry the patronage
of our Church. These recollections mitigate the sorrow I feel
at his having now disclaimed our petition. I feel for him un-
feigned respect ; but he has refused to accept the petition upon
our terms. I shall, therefore, move —
'* That tbe Catholic Association be requested to send a delegation
Jo London, in order to procure a member of the House of Commons to
oreseut our petition, and apply for unqualified Emancipation."
Some members having interfered to request a postponement of the resolution, on various
grounds, bat chiefly in order to hare more time for considering it, Mr. O'Counell withdrew
his resolution, on the grounds of an unwillingness to create a difference of opinion, anC tbe
rincere wish that he had for unanimity ; but he would wish that if It should be girta ioti
the hands of the Association, that the? should report to an aggregate ru<cf :fc *: l» Ic.c
on Thursday, the 23rd instant
A resolution was then pat and carried to that effect
1PTD or vo*~ L
I
"AW isor .Tour Steam -pros Printtt. 22, Ea ex-«. West D.iblin.
O'CONNELL, DANIEL
The select speeches of
Daniel O'Connell.
DA
950.22
.A38